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(영문) 대구지방법원 포항지원 2016.10.20 2016고단1007
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 August 14, 2013, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Daegu District Court Port Branch on August 14, 2013, and issued a summary order of KRW 3 million for the same crime in the same court on July 25, 2016.

On July 14, 2016, at around 01:25, the Defendant driven BM7 car at a section of approximately 100 meters from the roads before the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, the port, and the port,

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiry letter, investigation report (Attachment to the same type of electric records) and statutes, such as criminal records;

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: In addition to the above circumstances, the number of sentencing factors indicated in the records, such as Defendant’s age, character and behavior, environment, and circumstances before and after the crime, are considered in consideration of the following: The past criminal records have been punished twice due to drinking driving, which are favorable to driving before and after a month: Traffic accident is not caused by the instant crime; the driving distance is not relatively long; there is no other penalty force except the previous criminal records due to drinking driving; and there is no other penalty force except the previous criminal records due to drinking driving; and there is against the mistake.

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