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(영문) 대구지방법원 포항지원 2016.12.08 2016고단1249
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 16, 2009, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million as a fine in the same court on December 14, 2014.

On 02:25 on 03.03. 02:25, the Defendant driven a hurfed car with approximately 800 meters up to the road before the center maintenance of the port at the port at the port of port, in the state of 0.103% blood alcohol concentration.

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. A previous conviction in judgment: Application of a reply to inquiry, such as a criminal record, investigation report (verification of a summary order 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: Consideration of various factors for sentencing recorded in the records, such as Defendant’s age, character and conduct, environment, and circumstances before and after committing the crime, other than the following circumstances: The fact that there is no history of traffic accident which has been punished twice due to drinking driving: The fact that there is no history of punishment exceeding the fine, and there is no history of punishment exceeding the fine;

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