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(영문) 대구지방법원 포항지원 2015.11.19 2015고단671
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 10, 2010, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Road Traffic Act (driving) at the Daegu District Court. On October 15, 2012, the Defendant was sentenced to a summary order of seven million won of fine as a crime of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

On July 31, 2015, the Defendant had been punished twice or more due to drunk driving, but around July 21, 2015, the Defendant operated a 3 km Done Star-kick-kick-kick-kick-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak

Summary of Evidence

1. Defendant's legal statement;

1. Inspection of the results of the drinking driving control;

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 defendant has been punished three times as well as his/her punishment, and there are several records of criminal punishment including suspended sentence due to other crimes related to driving, which are favorable for him/her, such as the fact that he/she did not cause traffic accidents due to a simple driving of alcohol, and that the level of drinking alcohol is not relatively high, and that he/she reflects the error;

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