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(영문) 대구지방법원 포항지원 2015.11.12 2015고단781
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 July 15, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on July 15, 2009, and a summary order of KRW 1 million for the same crime at the same court on October 1, 2014.

【Criminal Facts】

On August 17, 2015, the Defendant had been punished twice or more due to drunk driving, but around 22:18, the Defendant driven B lele or car from the 200-meter road to the front of the city where it is impossible to find out the trade name in the south-gu Seado at the port in the south-gu in the state of alcohol alcohol concentration of 0.11%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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 fact that the defendant has a history of having been punished twice due to drunk driving, or that there are other favorable records of punishment: The fact that the defendant does not cause a traffic accident due to a simple drunk driving, the driving distance is not relatively short, the defendant has no history of punishment exceeding the fine, and the fact that the defendant is against the mistake;

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