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(영문) 대구지방법원 포항지원 2015.12.17 2015고단1085
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 July 1, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Daegu District Court Port Branch on July 1, 2008, and a summary order of KRW 3 million for the same crime in the same court on March 16, 201.

【Criminal Facts】

As above, the Defendant had been punished more than twice for the crime of the Road Traffic Act, but around 02:10 on September 16, 2015, at around 02:00, the Defendant driven a 1 km B-ben-line car from the road near the funeral facility of the port facility located in the north-gu, 36 at the port at the port to the front of the same 45m of “bab,” in the state of being drunk of 0.058% of blood alcohol level.

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 reports, and 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 there are records of having been punished three times due to drinking driving, and other circumstances favorable to that of having been punished several times: The fact that the driving does not cause traffic accidents due to simple drinking driving, the fact that drinking water is not relatively high, the fact that there is no record of punishment exceeding the fine, and the fact that there is no record of punishment exceeding the fine, and that there

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