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(영문) 대구지방법원 포항지원 2016.12.15 2016고단1342
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 1, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on July 1, 2010. On November 5, 2015, the Defendant was sentenced to a fine of KRW 4 million for the same crime in the same court.

【Criminal Facts】

On October 2, 2016, around 10:41, 2016, the Defendant driven a b bargaining car under the influence of alcohol level of 0.109% without a driver’s license, at a section of approximately 700 meters near the road near the North-gu Yangdong at the port in the front of the North-gu Yangdong at the port.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports, and statutes, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Taking into account various factors of sentencing recorded in the records, such as Defendant’s age, character and behavior, environment, and circumstances before and after committing the crime, other than each of the following circumstances: The high drinking level, drinking and non-licenseed previous convictions are twice, and the driving-related previous convictions are not causing traffic accidents, there are no history of punishment exceeding fines, and there are no history of punishment exceeding fines, and there are no errors.

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