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(영문) 대구지방법원 포항지원 2016.09.29 2016고단790
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

On July 1, 2010, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Port Branch on July 1, 201, and a summary order of KRW 2 million as a fine in the same court on December 2, 2013.

However, on June 3, 2016, the Defendant driven a B-Gu car at the Korean official sports club parking lot located in the north-gu in the Dong of Pohang-si, in the state of alcohol concentration of 0.124% among blood transfusions around 00:35 on June 3, 2016, from around 200 meters to the passenger parking lot of the 260-4 swimming pool, according to that Posco.

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 written reply to inquiry, such as criminal history (A), investigation report (a) and Acts and subordinate statutes;

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 same criminal record is two times, the circumstances favorable to the high drinking value: The occurrence of traffic accidents, the recognition of the crime and the mistake are against the law, and there is no particular criminal history other than the punishment imposed twice due to the same kind of crime;

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