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(영문) 대구지방법원 포항지원 2015.06.04 2015고단107
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

[criminal power] On September 1, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court, and a summary order of KRW 3 million for the same crime at the same court on January 2, 2012.

【Criminal Facts】

On February 12, 2015, at around 01:10, the Defendant driven B ASEAN A6 car at a section of approximately 1.5 km from the Do in front of the bus terminal in the south-gu Mapo-dong, Mapo-dong, Yong-dong, Yong-do to the front of the bus terminal in the Mapo-dong at the same time, while under the influence of alcohol of 0.21% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached to the same type of summary order);

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. Probation, community service order, and circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The history of punishment for drunk driving is twice and there are many other records of punishment for crimes related to driving under the influence of alcohol, the high level of drinking alcohol, the circumstances favorable to delaying the measurement of drinking without justifiable grounds: The fact that there is no particular traffic accident due to simple drinking driving, there is no history of punishment exceeding the fine, and the fact that there is no wrong record against the mistake;

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