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(영문) 대구지방법원 포항지원 2016.07.21 2016고단523
도로교통법위반(음주운전)등
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 December 12, 2003, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act (drinking) in the Daegu District Court Port Branch branch on December 12, 2003, a fine of two million won as the same crime in Busan District Court on October 27, 2006, and a fine of four million won as the same crime in the Daegu District Court Port Branch Branch on September 14, 2015.

[2] While Defendant 1 violated Article 44(1) of the Road Traffic Act on at least two occasions, Defendant 2 driven a B-Adi vehicle under the influence of alcohol level of about 0.151% during blood alcohol level without obtaining a driver’s license from the front day of the old coast of the ancient Sea, the front day of the mobile phone wholesale center in the same Ri from the front day of the cell phone in the same Ri, on May 16, 2016, when he violated Article 44(1) of the Road Traffic Act on at least two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous convictions and judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by 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 was a history of punishment on three occasions due to drinking driving, circumstances favorable to the high drinking value: Traffic accidents are not caused, driving distance is not relatively short, there is no excess power of fines, and the fact that the mistake is against the above circumstances, other than the above circumstances, the records are recorded such as Defendant’s age, sexual behavior, environment, and circumstances before and after the crime.

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