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(영문) 대구지방법원 포항지원 2015.09.10 2015고단553
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On January 16, 2012, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court (Seoul District Court) on January 16, 2012, and on August 16, 2012, the Defendant issued a summary order of KRW 7 million for the same crime, etc. at the same court.

On June 26, 2015, at around 21:25, the Defendant driven a Cpoter cargo vehicle under the influence of alcohol content of about 0.075% at a 4km section from the direction of the shooting distance at the entrance of a mother hospital located in the south-gu Spoke-dong at the port to the front of the elementary school located in 720-3 of the former Gpool-ri.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of crackdown on drinking driving, and copy of the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of the results of inquiry into criminal records and investigation reports (report attached to a judgment) Acts and subordinate statutes;

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 been sentenced to punishment, including a crime involving drunk driving, many times due to a crime involving his/her drunk driving, and other circumstances that are favorable to the fact that he/she has a lot of records of punishment: The fact that he/she does not cause any particular traffic accident due to a simple drunk driving, the drinking alcohol level is relatively high, and the fact that he/she has no record of punishment exceeding a fine since he/she was sentenced to a punishment due to drinking prior to about 11 years, and that he

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