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(영문) 대구지방법원 포항지원 2015.09.10 2015고단552
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

On June 15, 2015, at around 17:50, the Defendant driven BDap Motor Vehicle at the 1km section from the front of the “Sagle-dong’s dead real estate” to the front of the “Sagle-dong” road at the port of port, under the influence of alcohol by 0.171% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the defendant has a lot of records of punishment, including punishment, due to a crime involving drunk driving, including a suspended sentence, and other crimes related to driving, causing a traffic accident during drinking driving, and circumstances favorable to the high drinking level: The occurrence of a traffic accident due to drinking driving, but only minor physical damage without personal damage occurred, and the compensation was processed as a comprehensive motor vehicle insurance; the fact that the defendant has no specific history of punishment after being punished for driving under the influence of alcohol and without obtaining a license for seven years prior to driving under the influence of alcohol; and that the defendant is against the mistake;

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