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(영문) 대구지방법원 포항지원 2015.09.10 2015고단479 (1)
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 June 2, 2011, the Defendant received a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine in the same court on April 15, 2013.

Nevertheless, at around 21:40 on May 28, 2015, the Defendant, while under the influence of alcohol of 0.051% of blood alcohol level, driven a Bbera-ly cruise car at a section of approximately 100 meters from the road front of the galctal ridge in the north-dong at the port of port to the front of the said road located in the same galp road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and report on the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiries, 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 circumstances favorable to the defendant who has been punished three times due to drinking driving: The fact that the defendant does not cause traffic accidents due to a simple drinking driving, the drinking water is low and the driving distance is relatively short, the fact that there is no history of punishment exceeding the fine, and the fact that the defendant is against the mistake;

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