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(영문) 대구지방법원 포항지원 2015.05.21 2015고단137
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 January 15, 2010, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act at the port support of the Daegu District Court, and on May 2, 2011, the same court issued a summary order of KRW 2 million as a fine for the same crime.

【Criminal Facts】

At around 05:40 on November 8, 2014, the Defendant driven Croster car in the state of alcohol alcohol level of about 0.153% in approximately 3km from the 3km section of the blood alcohol level to the sex inside and front of the road located in the north-gu Seoul Metropolitan City of the same city at the exit of the mountain beach located in Songdo-dong, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the same criminal records as the suspect's judgment);

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 course is not good in view of the fact that the defendant was punished twice as a drunk driving, again driving under drinking again, and the high drinking level of drinking alcohol.

However, the defendant has no particular criminal history other than the fine imposed twice as above due to drinking driving, the defendant reflects the wrong, the defendant supports the mother's child with certain occupation, and the social relation is also announced, and the defendant's age, character and behavior, environment, and circumstances before and after the crime are considered, and the punishment for the defendant shall be determined like the order, in consideration of various sentencing factors indicated in the record.

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