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(영문) 대구지방법원 포항지원 2015.07.23 2015고단378
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 Nov. 1, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on Nov. 1, 2007, and a summary order of KRW 3 million for the same crime at the same court on Apr. 1, 2008.

【Criminal Facts】

On April 26, 2015, at around 02:21, the Defendant driven approximately five meters prior to the “GS25 Posing Sea GS25 Posing Sea,” which is located in the North-gu Inter-gu, Heging Sea in the GS25 Posing Sea, while under the influence of alcohol of the blood alcohol concentration of 0.075%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation reports, and other 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 punished for drunk driving three times, and other circumstances favorable to the fact that there are many penalties: The fact that the driver does not cause traffic accidents due to simple drunk driving, the driving distance is relatively high, and the driving distance is short, there is no record of punishment exceeding the fine due to the crime related to driving, such as drunk driving, and the fact that the error is against the law;

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