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(영문) 대구지방법원 포항지원 2015.06.18 2015고단103
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 June 20, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 1.5 million as a fine in the same court on October 15, 2008 as the same crime.

Nevertheless, around 00:15 on 07.07.07., the Defendant driven a B-W-man car from around 300 meters away from the road front of the North-gu Dolcheon Doncheon Doncheon-dong Doncheon-dong Doncheon-dong Doncheon-dong, to the road front of the same Gu Doncheon-dong Doncheon-dong Dondong Doncheon-dong Do.

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 inquiry statements, such as criminal records, investigation reports (Attachment to related summary orders) and other Acts and subordinate 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 committing the same kind of crime, which are favorable to the fact that the defendant has a high drinking level and the driving distance is relatively short, the fact that there is no criminal power exceeding the fine, and the fact that the defendant is against the mistake;

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