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(영문) 대구지방법원 영덕지원 2017.08.30 2017고단145

도로교통법위반(음주운전)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2008, the Defendant received a summary order of 500,000 won or more as a crime of violating road traffic laws (drinking driving) in the Young-gu District Court Young-gu District Court (Seoul District Court), and on September 21, 2016, the Defendant received a summary order of a fine of 3 million won or more for the same crime and received a summary order of a fine of 3 million won or more

On May 6, 2017, around 09:58, the Defendant driven a bicycle with approximately 0.077% alcohol content in blood without a motor device driver’s license, under the influence of alcohol leveling from approximately 1km to the middle of the Daegu General Ship in 222 in the middle of the same Eup from the roads near the Ulsan National Oil Station in Ulsan-gun, Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the middle of the same Eup.

Summary of Evidence

Before the Defendant’s legal statement and report of traffic accident, actual condition investigation, report of the driver’s oral statement, vehicle driver’s detection report, vehicle driver’s driver’s license register, tea inquiry report, and inquiry about the result of crackdown on driving under influence of alcohol, Chapter 4 criminal records: (A), investigation report (verification of previous history), Article 148-2(1)1, Article 44(1) of the Road Traffic Act (the point of drinking), Articles 154 subparag. 2, 43 of the Road Traffic Act (the point of driving without a license), Articles 40 and 50 of the Criminal Act, and Articles 53 and 55(1)3 of the Criminal Act (the point of driving without a license), the Defendant’s environment observation and direction of the crime and the following circumstances at the time of suspension of execution, including the following circumstances, the Defendant’s order to attend a sentence, as stated in the above Articles 148-2(1)1, 154 subparag. 2, and 43 of the Road Traffic Act, and the following circumstances.

The circumstances at a disadvantage: The defendant's mistake is recognized and reflects the fact that he/she has been sentenced to six times of fine due to driving of drinking or non-licensed driving.