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(영문) 대구지방법원 포항지원 2016.10.06 2016고단968
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 28, 2014, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) from the Daegu District Court’s port branch on July 28, 2014, and a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the same court on May 17, 2016.

[Criminal Facts of Crimes] On June 30, 2016, around 02:15, the Defendant driven B liquid car at a level of alcohol level of 0.096% under the influence of alcohol level of 0.096% without obtaining a driver's license in a section of about 1 km in front of the 2nd Dong-dong, Dong-dong, Dong-dong, Dong-dong, North Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, replys to inquiries, investigation reports, and other Acts and subordinate statutes;

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: The fact that there was a history of having been punished twice due to drinking driving, etc., and among them, there was a crime committed two months prior to the date of the crime of this case, circumstances favorable to the high drinking water: The fact that there was no traffic accident, and the fact that there was no other criminal history except the fact that a fine was imposed twice due to drinking driving, etc., and that there is a

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