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(영문) 대구지방법원 포항지원 2015.07.23 2015고단349
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2006, the Defendant received a summary order of a fine of three million won for the crime of violating the Road Traffic Act (driving) from the Daegu District Court Port Support on December 18, 2006, and a summary order of three million won for the same crime from the Daegu District Court and the Daegu District Court racing Support on July 29, 2009.

Nevertheless, at around April 28, 2015, the Defendant driven a motor vehicle B in the section of about 10km from the front of the new harbor parking lot located in the North-gu Yandong-gu Yandong-gu, Yandong-gu, 0.053% of alcohol level, while under the influence of alcohol around 21:10 on April 28, 2015 to the Daelc in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, investigation reports, and statutes;

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: Circumstances in which the defendant has been punished for drunk driving three times: The fact that the defendant has no particular criminal history except for those subject to a fine three times due to drunk driving, the fact that the drinking alcohol is not high, and the fact that the defendant reflects the wrongness;

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