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(영문) 대구지방법원 포항지원 2016.06.02 2016고단236
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2011, the Defendant received a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving), and a summary order of KRW 5 million for the same crime in the same court on July 2, 2015.

On August 19, 2015, the Defendant had been punished twice or more due to drinking, but around 00:25, the Defendant driven B-type vehicles from the front of the restaurant at which it is impossible to find out the trade name located in the North-gu Maluri at the port of port in the state of alcohol concentration of 0.085% while under the influence of alcohol without a driver’s license, to the front of the restaurant at the port of the same port of the Gu to the front of the road at the port of 10km.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation report on the same type of force), and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by 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 circumstances favorable to the fact that a person has been punished three times due to driving of drinking alcohol: The fact that a person does not cause a traffic accident by simple drinking, driving without a license, the fact that the drinking volume is relatively high, the fact that there is no record of excessive punishment of fines, and that there is no record of excessive punishment of fines, and that a person reflects

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