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(영문) 대구지방법원 포항지원 2015.07.23 2015고단347
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, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the port branch of the Daegu District Court on June 2, 2008, and a fine of two million won for the same crime in the same court on October 9, 2009.

Nevertheless, at around 22:30 on March 31, 2015, the Defendant driven a C-wing truck at a section of about 300 meters from the front side of the “Korea-Japan Apartment Apartment Complex” located in the north-gu, Dong-dong at the port, in the state of alcohol of 0.09% of blood alcohol concentration.

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 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 that are favorable to the defendant that have the history of punishment for drunk driving twice: The fact that there is no particular criminal history other than the fact that the defendant has been sentenced to a fine twice due to drunk driving, the fact that the drinking alcohol is relatively high, the driving distance is short, and the fact that the driving distance is against the wrongness;

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