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(영문) 대구지방법원 포항지원 2013.08.19 2012고합193
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

The Defendant, at the Daegu District Court on December 26, 2007, issued a summary order of KRW 1 million with a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on June 2, 2008, issued a summary order of KRW 2 million with a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on June 2, 2008, and received a summary order of KRW 4 million with a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 16, 2008, and violated Article 44(1) of the Road Traffic Act at least twice.

On October 21, 2012, at around 14:20, the Defendant driven a guard 124 cc(c) c. a private-wheeled motor bicycle in the section of about 4 km from the front side of the “the steel diverstopy”, which is located in the south-gu Sea Zone at the port of port, at the port of port, in the state of alcohol of 0.24% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Making a circumstantial report on a drinking driver, and making a report on detection of drinking drivers, and making an inquiry into the results of crackdown on drinking;

1. Records before judgment: Application of inquiry reports and investigation reports (Attachment of the same kind of power), such as criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act is that the defendant had a record of being punished for drunk driving, including the previous conviction in the judgment prior to the instant crime, and that the blood alcohol concentration exceeds 0.24%, which is disadvantageous to the defendant.

However, the fact that the vehicle driven by the defendant is a motorcycle, and the fact that the defendant reflects the crime shall be considered as favorable circumstances.

The age, occupation, character and conduct of the defendant.

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