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(영문) 대구지방법원 포항지원 2016.05.12 2016고단53
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court on June 1, 2010, and on November 15, 2010, the Defendant was sentenced to a summary order of a fine of five million won or more for the same crime at the same court and was sentenced to a summary order of five million won or more for the same crime.

However, on January 17, 2016, the Defendant driven B Poter Cargo at a section of about 500 meters from the front side of the Heung Apartment apartment located in the Gungdong-dong, 0.153% alcohol level among blood transfusion around 02:40, to the front side of the Geumdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (the same criminal record and judgment as

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists a record of being punished three times due to drinking driving, or that there is any other record of being punished due to an offense related to driving even though there is a high level of drinking, circumstances favorable to the high level of drinking: The fact that there is no traffic accident due to a simple drinking driving, the fact that there is no record of punishment exceeding a fine, the fact that there is no record

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