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(영문) 대구지방법원 포항지원 2015.11.05 2015고단925
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 November 15, 2010, the Defendant received a summary order of KRW 2 million from a fine for a violation of the Road Traffic Act as well as KRW 2 million on November 1, 201 by the same court for the same crime, etc.

Nevertheless, at around 22:15 on August 23, 2015, the Defendant, while under the influence of alcohol of 0.198%, driven a BranXG car at a distance of approximately 300 meters from the coast road located in the Northern-gu Seoul Metropolitan City of Maduk-dong to the front parking lot of the “livestockland” located in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and 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 the same type of crime twice, the circumstances favorable to the high drinking water: The fact that the defendant does not cause any particular traffic accident, the fact that the defendant has no history of punishment exceeding the fine, and the fact that the defendant is against the mistake;

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