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(영문) 대구지방법원 포항지원 2015.09.24 2015고단572
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 September 16, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act, and on September 15, 2009, the same court issued a summary order of KRW 1.5 million for the same crime, and on October 27, 201, the Defendant was sentenced to a suspended sentence of KRW 5 million for the same crime in the same court. On July 8, 2015, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court.

On June 22, 2015, at around 23:55, the Defendant driven a car of approximately 500 meters in a quantity Bsch Rexton from the road near the port hot spring in the north-dong in the port of one-way at the port to the road in front of the distance of the Dongdaemun-dong Antaintainment.

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: Application of a reply to inquiry, such as criminal records, investigation reports (Attachment to a summary order, etc. of the relevant case);

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 fact that the defendant has been punished for drunk driving four times and there exists a history of being suspended from the execution of sentence among them, circumstances favorable to the high drinking water: The fact that the driver does not cause a traffic accident due to a simple drinking driving, the driving distance is not relatively long, the fact that the driving distance is not a criminal record, the fact that there is no criminal record, and the fact that the

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