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(영문) 대구지방법원 포항지원 2016.01.14 2015고단1145
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 19, 2014, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court and racing support on June 19, 2014, and on November 12, 2015, the Defendant received a summary order of a fine of five million won for the same crime from the same court on at least two occasions, and has violated Article 44(1) of the Road Traffic Act.

On September 15, 2015, the Defendant driven a B Mt Motor Vehicle at the section of about 1km from the front of the Taegu-gu Incheon metropolitan apartment located in the Jeonn Sea-gu Seoul Metropolitan City, 0.146% alcohol level in the influence of alcohol level around 20:40 on September 15, 2015 to the front day of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A defendant's legal statement, inquiry statement about his/her criminal history, and investigation report (written report prior to and after his/her previous convictions in disposition; confirmation of prosecutions for driving at latest; application of Acts and subordinate statutes of the same kind;

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 history of the defendant's punishment for driving under drinking is four times, and the crime of this case is committed again in only three days after driving under the influence of alcohol after driving under the influence of alcohol: The fact that it does not cause a traffic accident due to a simple driving under the influence of alcohol, the fact that it is against the wrong driving, the fact that there is no history of punishment exceeding the fine;

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