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(영문) 대구지방법원 포항지원 2016.12.08 2016고단1315
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 February 12, 2014, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) from the Youngju District Court’s Youngdong Branch on February 12, 2014, and received a summary order of KRW 4 million for the same crime from the Daegu District Court on May 30, 2014.

【Criminal Facts】

On October 2, 2016, the Defendant had been punished twice or more due to drunk driving, but around 01:15, while under the influence of alcohol at 0.110% of the blood alcohol level, the Defendant driven Bk7 motor vehicles at the 1km section from the north-gu Pungdong Pung-dong Dolcheon-gu to the front day of the same king Dondong-do.

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 convictions in judgment: Criminal records and other references, and the application of Acts and subordinate statutes of inquiry reports and investigation reports;

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, various factors for sentencing indicated in the records, such as Defendant’s age, character and behavior, environment, and circumstances before and after the crime, etc., other than the following: The fact that there was a history of punishment twice due to drinking driving, etc., circumstances favorable to the high drinking level: The occurrence of traffic accidents; there was no excess of fines; and there is no excess of fines

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