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(영문) 대구지방법원 포항지원 2016.08.11 2016고단538
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 2, 2014, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 8 million for the same crime in the same court on August 11, 2014.

피고인은 2016. 4. 30. 01:23 경 혈 중 알코올 농도 0.052% 의 술에 취한 상태에서 포항시 북구 용흥동에 있는 이름을 알 수 없는 소주 카페 앞 도로에서부터 같은 동 두원 샷 시 앞 도로까지 약 1km 구간에서 B 투산 승용차를 운전하였다.

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 the summary order of the same kind of power);

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 in which the power subject to punishment for driving under drinking is more favorable than four times: The traffic accident is not caused by a simple drinking driving, the drinking value is relatively high, the drinking value is against the mistake, and there is no history of punishment exceeding the fine;

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