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(영문) 대구지방법원 포항지원 2016.04.21 2016고단82
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 March 15, 2010, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking) from the Daegu District Court Port Branch on March 15, 2010, and a summary order of KRW 1.5 million for the same crime in the same court on August 8, 2014.

[2] While Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven a vehicle B at a distance of about 300 meters from the 300-meter radius to the front road of Samo-gu, Nam-gu, Chungcheongnam-gu, the Nam-si, the Nam-si, the Nam-gu, the Nam-si, the Nam-gu, the Nampo-si, the Nampo-gu, the Nampo-si, the Nampo-si, the Nampo-si, the Nampo-gu, the Nampo-si, the Nampo-gu, the Nampo-gu, the Hanpo-gu, the Hanpo-do, was under the influence

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

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: Circumstances favorable to the fact that there has been a history of punishment twice due to drinking driving: The fact that traffic accidents have not been caused due to simple drinking driving, the fact that the drinking level is not high, the fact that there has no history of punishment exceeding the fine, and the fact that there are no errors;

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