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(영문) 대구지방법원 포항지원 2015.05.28 2015고단73
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 March 2, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court on March 2, 2009, and a summary order of KRW 2 million for the same crime at the same court on December 15, 2009.

【Criminal Facts】

On January 16, 2015, at around 01:50, the Defendant driven B Poter vehicle under the influence of alcohol content of about 0.179% at a distance of about 2 km from the 2km back to the port area of pungdong-dong, Gungdong-dong, Gungdo-dong, and the roads adjacent to the port area of the Republic of Korea.

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 records: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the same criminal records as the suspect's judgment);

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 order to attend a lecture under Article 62-2 of the Criminal Act are not suitable in light of the fact that the defendant was punished for drunk driving three times, and that there are many other records of punishment including suspended sentence, and that drinking water is high.

However, the criminal records prior to the suspended sentence are different types of crimes and there is no record of punishment exceeding the fine in addition to the crimes committed 15 years prior to the suspended sentence, and there is no record of causing any particular traffic accident due to the drinking driving of this case, the defendant reflects the mistake, and other factors of sentencing recorded in the records, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, the sentence against the defendant shall be mitigated as ordered.

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