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(영문) 대구지방법원 포항지원 2015.12.03 2015고단989
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

On November 15, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 2.5 million as a fine in the same court on June 23, 201.

Nevertheless, at around 22:30 on September 16, 2015, the Defendant driven a B-to-purd vehicle from the “Sscisco Construction Parking Lot” located in the North-gu Gung-dong at the port of port to the front of the “gold-to-hur parking lot” located in the same Gu, under the influence of alcohol leveling to 0.12% of blood alcohol level.

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 inquiry, such as criminal records, investigation report (Attachment to the same summary order);

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 the defendant has been punished three times due to the same type of crime, circumstances favorable to the high drinking level: The fact that the driver does not cause a traffic accident due to a simple drinking driving, the fact that there is no particular criminal history, and the fact that the defendant reflects the mistake, in addition to the fact that he/she has been punished by a fine due to a drinking driving

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