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(영문) 대구지방법원 포항지원 2015.06.25 2015고단220
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

[criminal power] On December 7, 2012, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 2 million from the Daegu District Court Port Branch on July 14, 2014 to a fine of KRW 1,00,000 as an identical crime.

【Criminal Facts】

Although the Defendant was punished twice or more due to drunk driving, on March 24, 2015, at around 00:24, the Defendant, while under the influence of alcohol at around 00:00,097%, driven a small-sized cargo vehicle Bcop with approximately 100 meters from the front day of the head-house in which it is impossible to identify the trade name in the city of Ansan-si while under the influence of alcohol at around 0.097%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (report attached to 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: The circumstances that are favorable to the two times due to the same kind of crime: The fact that there is no particular traffic accident due to a simple drinking driving, there is no history of punishment exceeding a fine, the driving distance is relatively not relatively successful, and the fact that the driving distance is against the mistake;

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