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(영문) 대구지방법원 포항지원 2015.11.19 2015고단957
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 May 1, 2008, the Defendant received a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court’s port branch on May 1, 2008, and a summary order of 2 million won or more as a fine in the same court on March 6, 201.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drunk driving, on September 12, 2015, at around 23:50, the Defendant driven a 300-meter B QM5 car from September 12, 2015 to the front road of the Republic of Korea in front of the Republic of Korea’s Union members, under the influence of alcohol level of 0.062%.

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. Previous convictions in judgment: Criminal records and other references, and the application of Acts and subordinate statutes related to inquiry reports and investigation reports;

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 favorable to the defendant who has been punished three times due to drinking driving: The fact that the defendant does not cause a traffic accident due to a simple drinking driving, the drinking water is not relatively high, and the driving distance is not long, there is no history of punishment exceeding the fine, and the fact that the defendant reflects the mistake;

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