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(영문) 대구지방법원 포항지원 2015.05.21 2015고단128
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

The defendant, at the Daegu District Court on February 28, 2007, has been punished by a fine of two million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 5, 2008, by a fine of 1.5 million won due to a violation of the Road Traffic Act (driving) at the same court on September 5, 2008, and by a fine of two million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 29, 2010.

On February 22, 2015, at around 05:30, the Defendant driven BM5 car under the influence of alcohol level of about 0.096% from the 1km section to the roads adjacent to the port of Northwest-dong, Northern-dong, Busan-dong, Busan-do.

Summary of Evidence

1. Defendant's legal statement;

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

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a 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. The reason for sentencing of Article 62-2 of the Criminal Act on probation and an order to attend a lecture is not good in light of the fact that the defendant has been punished three times for drinking driving, and that he/she again drives under drinking.

However, in addition to those subject to a fine three times due to drinking driving, the defendant is subject to a fine one time due to driving without a license, and there is no other criminal history, driving without causing traffic accidents due to drinking driving, the defendant reflects the mistake, and other various sentencing factors in the records, such as the defendant's age, character and behavior, environment, and circumstances before and after the crime, the punishment for the defendant shall be determined as ordered by the order.

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