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(영문) 대구지방법원 포항지원 2015.06.18 2015고단180
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 December 3, 2007, the Defendant received a summary order of KRW 1500,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 2 million as the same crime in the same court on June 15, 2012.

【Criminal Facts】

On March 18, 2015, at around 23:48, the Defendant driven a B car volume with approximately 60 meters up to the road front of the GU convenience store in the north-gu, Posi-dong at the port, in the state of alcohol of 0.066% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, investigation reports (report on confirmation 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that are favorable to the defendant that have been punished for committing the same kind of crime: The fact that the defendant does not cause any particular traffic accident as a simple drinking, the drinking water is relatively low and the driving distance is short, the fact that there was no record of punishment exceeding the fine, and the fact that the defendant reflects the mistake;

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