(영문) 대구지방법원 포항지원 2017.07.13 2017고단595

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자간(%)

(영문) 대구지방법원 포항지원 2017.07.13 2017고단595

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 3, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court on June 3, 2013, and a summary order of KRW 3 million for the same crime at the same court on July 1, 2013, respectively.

In spite of being under the influence of alcohol over two occasions, Defendant 1 driven B franchising on May 10, 2017, under the influence of alcohol at approximately 0.156% of alcohol content in the section of approximately 100 meters, from the front side of the bathing beach located in North-dong, North-dong, Dong-dong, Dong-dong, Dong-dong, to the front side of the 287 Joi-dididiro.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: The application of an inquiry letter, investigation report (verification of suspect drinking records) and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the defendant was punished for the same offense for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lectures, the defendant's errors are divided into his/her own errors and does not repeat again, the defendant's family members are supported by him/her, and other various circumstances, including the defendant's age, environment, and sexual behavior, shall be determined as ordered by the sentence, taking into account all the circumstances, which are the sentencing conditions specified in the arguments

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