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(영문) 대구지방법원 포항지원 2017.11.30 2017고단1306
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 15, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the port branch of the Daegu District Court (LA) on March 2, 201, a fine of KRW 2 million for the same crime in the same court on March 2, 2011, and a fine of KRW 2 million for the same crime in the same court on July 15, 201.

[2] Notwithstanding the fact that Defendant 1 was punished twice or more due to driving of alcohol as above, Defendant 1 driven a B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (prior convictions and confirmations)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend lectures: Circumstances favorable to the defendant who has been punished several times for the same offense: The defendant is able to repent of his/her mistakes and not repeat again; considering all such circumstances as above and the defendant's age, sex behavior, career, home environment, etc., and the sentencing conditions specified in the arguments of this case, the sentence shall be determined as per the order.

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