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(영문) 대구지방법원 포항지원 2016.08.11 2016고단711
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 December 18, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (dacting driving) at the port branch of the Daegu District Court on December 18, 2013, and a summary order of KRW 1.5 million for the same crime at the same court on June 15, 2010.

[2] While Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act two or more times, Defendant 1 driven a body car with D while under the influence of alcohol leveling about 0.131% from the 500-meter radius to the road in front of the same Eup/Myeon in the same Eup/Myeon from June 6, 2016, from the singinging day of the singular singular singular singular singular singular singular singular singular singular singular singular singular singular singular singular singular sing

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 the defendant has been punished for driving alcohol four times, the fact that the defendant has been punished for driving alcohol, other records of punishment including probation, etc., the fact that drinking is highly favorable: A traffic accident is not caused by a simple drinking driving, although a previous conviction who has been suspended for a period of 11 years, it is due to other types of crimes and there is no other history of punishment exceeding a fine, and that he/she will not drive alcohol again by disposing of the vehicle which has been driven in depth and has been driven;

d't.

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