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(영문) 대구지방법원 포항지원 2015.08.13 2015고단280
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 January 15, 2008, the Defendant received a summary order of KRW 1,500,000,000 from the Daegu District Court Branch of the Republic of Korea as a crime of violating the Road Traffic Act (driving) and a summary order of KRW 1,50,000,000 as a fine for the same crime in the same court on November 1, 2013.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drinking driving as above, at around 00:20 on April 9, 2015, the Defendant driven a 100m-meter vehicle from the front side of the CMmatet in the north-gu Haakdong at the port to the road in the same Dong, while under the influence of alcohol at least 0.060% of the blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, investigation reports (report on confirmation of the same kind of power);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are two times the records of punishment for drunk driving and other circumstances favorable to the fact that the defendant has been punished for a drunk driving, the fact that there is no history of causing any particular traffic accident due to a simple drunk driving, there is no history of punishment exceeding a fine, and the fact that the driving distance is shorter without a high drinking level;

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