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(영문) 대구지방법원 포항지원 2016.04.07 2016고단78
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 record] On October 9, 2006, the Defendant received a summary order of 1.5 million won or more for a crime of violating road traffic law (drinking driving) from the Busan District Court’s branch branch branch. On June 4, 2012, the Defendant received a summary order of 5 million won or more for the same crime from the Daegu District Court’s racing support.

[2] While Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (drinking), Defendant 2 driven B strawing car at a section of about 500 meters from the side of the passenger bus terminal in the south-gu Sea Port at the time of port while under the influence of alcohol level of 0.164% from around 23:15 on January 13, 2016 to the front road of the port church in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Results of inquiry about criminal history and the application of Acts and subordinate statutes concerning investigation reports (the same type of previous convictions and judgment);

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 there are two times the past records of punishment for driving under drinking, and other times the past records of punishment for crimes related to driving under drinking, the fact that there are many criminal records including punishment, the fact that traffic accidents are not caused due to a simple driving of drinking, the fact that there is no history of punishment exceeding a fine due to an act related to driving under drinking, including driving under drinking, nor there is no history of punishment exceeding a fine due to an act related to driving under the influence of drinking, and the fact that there is no history of punishment exceeding a fine, regardless of the type of crime, and the fact that there is against the mistake

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