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(영문) 대구지방법원 포항지원 2015.10.22 2015고단678
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

On September 1, 2008, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on September 1, 2008, and a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the same court on May 1, 2012.

On August 10, 2015, the Defendant driven a B-cub car at a section of about 300 meters at the entrance road of the G-cubae Hospital located in the south-gu Dong-dong at the port while under the influence of alcohol of 0.091% of blood alcohol concentration at 0.091%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (Attachment reporting, such as a summary order, etc. 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. Probation, community service order, and circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the accused has a history of punishment for drunk driving four times and that there are many other favorable records of punishment: The fact that the accused does not cause a traffic accident due to a simple drinking driving, the fact that there is no criminal history exceeding a fine, and the fact that the accused reflects the wrongness;

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