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(영문) 대구지방법원 포항지원 2015.09.10 2015고단529
도로교통법위반(음주운전)등
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 October 5, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court, and the summary order of KRW 5 million for the same crime at the same court on July 2, 2012.

【Criminal Facts】

Although the Defendant was punished twice or more due to drunk driving, on June 22, 2015, the Defendant driven B rocketing car from around 200 meters to the road front of the port and port in the port of North Korea at the port of port at the port of port at the port of one time at the port of one, under the influence of alcohol level of 0.181% without obtaining a driver’s license on June 22, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the situation of driving under the influence of alcohol;

1. Registers of driver's licenses;

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 provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

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 fact that there are three times the records of punishment for drunk driving and that there is no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, the driving distance is relatively short, and the fact that the driving distance is against the wrongness;

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