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(영문) 대구지방법원 포항지원 2015.07.16 2015고단238
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 Nov. 1, 2006, the defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on Nov. 1, 2006, and on Mar. 2, 2007, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license). On Aug. 24, 2009, the defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (Driving without a license).

【Criminal Facts】

On March 23, 2015, at around 05:48, the Defendant was under the influence of alcohol with 0.108% of blood alcohol concentration, and the Defendant was driving a Cchip car at a section of about 50 meters from the 415-5 East-dong, North-gu, Mapo-dong to the intersection of the south-dong, North-gu, Mapo-dong to the intersection of the north-gu, Mapo-do.

Summary of Evidence

1. Defendant's legal statement;

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

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal records, investigation report (a) and Acts and subordinate statutes attached to the same type of electric 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 for the same type of crime three times, and there are many other favorable circumstances that the defendant has been punished for the same type of crime including suspended execution: The same type of crime does not have any record of punishment exceeding a fine; the traffic accident is not caused by a simple driving; the driving distance is relatively short; and the above circumstances reflects the mistake, along with each other, the background leading to the crime of this case; the defendant's age, character and behavior; the environment; and the conditions before and after the crime.

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