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(영문) 대구지방법원 포항지원 2016.06.30 2016고단470
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

[criminal history] On January 13, 201, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic law (drinking) at the port branch of the Daegu District Court on January 13, 201, and a summary order of KRW 7 million for the same crime at the same court on December 18, 2013, respectively.

[2] While Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act not less than twice, Defendant 2 driven Bsch Rexn car under the influence of alcohol concentration of approximately 0.131% in the section of about 50 meters from the front day of the spoke road to the front day of the gold-gu parking lot located in the same Gu, despite the fact that Defendant 1 had been under the influence of violating Article 44(1) of the Road Traffic Act not less than twice.

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: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the same criminal record and summary order);

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 history of punishment for four times due to drinking driving, etc., circumstances favorable to the high drinking value: The fact that there is no traffic accident due to a simple drinking driving, the fact that there is no history of punishment exceeding a fine since the suspension of execution is imposed due to other crimes committed by about 30 years prior to the suspension of execution, and the fact that the error is against the wrongness;

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