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(영문) 대구지방법원 영덕지원 2018.02.09 2017고단296

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2008, the Defendant was issued a summary order of a fine of one million won or more due to a violation of road traffic law (drinking) in the Young-gu District Court’s Yeongdeungpo Branch on August 27, 2008, and on May 21, 2014, the Defendant was issued a summary order of a fine of 2.5 million won or more with the same offense in the same court.

On November 22, 2017, the Defendant driven a car with EXE without a driver's license, from around 500 meters away from the aftermath of the post-Yan-gun of the Ganjin-gun on the following day: (a) around 23:30 on the aftermath of the Ganjin-gun; (b) from around 500 meters away from the aftermath of the Ganri-gun shopping road located in the Ganri-gun to the front road in the vicinity of the Kandong-gun.

Summary of Evidence

Before the Defendant’s legal statement and report of traffic accident, actual condition investigation, site photo, main driver’s detection report, the driver’s circumstantial statement report, the driver’s license register, and the next investigation report (main driver’s report): He/she shall be determined by considering the following circumstances of the Defendant’s health, including the following circumstances: (a) notification of inquiry, such as criminal history; (b) Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning the criminal facts subject to the relevant Act and subordinate statutes; (c) Articles 152 subparag. 1 and 43 of the Road Traffic Act; (d) Articles 40 and 50 of the Criminal Act; (e) Articles 53 and 55(1)3 of the Criminal Act regarding the number of selective drivers to be sentenced to imprisonment; and (e) Articles 62(1)3 and 55(1) of the Act on the Suspension of Execution of the Criminal Procedure; (e) the Defendant’s health motive and state at the time of the commission of the crime;

Unfavorable circumstances: The circumstances that are advantageous to the fact that the nature of the crime is not good because a person has been sentenced twice to a fine due to driving of drinking, even though he/she had a record of being sentenced to a fine: The defendant repents his/her wrong act and reflects his/her wrong act, and the person who wants to take the place of