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(영문) 대구지방법원 포항지원 2015.05.21 2015고단113
도로교통법위반(음주운전)
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 August 19, 2013, the Defendant issued a summary order of KRW 1 million at the Changwon District Court for a crime of violation of the Road Traffic Act (driving). On September 12, 2013, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On February 22, 2015, around 02:10, the Defendant driven a B-te motor vehicle under the influence of alcohol by at least 0.109% of blood alcohol concentration from the front side of the Hean Bathing beach located in the north-gu 2nd Dong at the port to the front side of the W-gu 1.5 kilometer.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and on-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to summary orders);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

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. The reason for sentencing of Article 62-2 of the Criminal Act on probation and an order to attend a course is that the defendant is punished twice for drinking, driving without a license, or driving under drinking again, and that drinking water is high, and that the crime is not bad;

However, the defendant shall be sentenced to the punishment of the defendant like the order in consideration of various sentencing factors recorded in the records, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, other than the punishment sentenced twice due to drinking driving, which have no particular criminal record, which do not cause traffic accidents due to drinking driving, which are against the defendant's wrongness.

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