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(영문) 대구지방법원 영덕지원 2017.09.27 2017고단212
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 December 30, 2013, the Defendant was issued a summary order of one million won or more for a violation of road traffic laws (drinking driving) in the Young-gu District Court Young-gu District Court’s Young-gu branch on December 30, 2013, and on March 23, 2016, the Defendant was issued a summary order of a fine of five million won or more for the same crime with the same court’s summary order issued on March

On July 31, 2017, the Defendant driven a C Poter II truck without a driver's license in the state of alcohol leveling 0.182% of alcohol level from approximately 500 meters away from the 3-lane to the 3-lane in the west-gu Seoul Special Metropolitan City, Chungcheongnam-do, Chungcheongnam-do to the same separation separation distance.

Summary of Evidence

Before the Defendant’s legal statement, the Defendant’s report on driving under the influence of alcohol, the notice of his/her driving under the circumstances on driving under the influence of alcohol, the driver’s report, the driver’s license register, and the next investigation report (on the circumstances of his/her driver): (A) inquiry about the criminal history of the offense; (1) Articles 148-2(1)1 and 44(1) of the Road Traffic Act (on the criminal facts subject to the law; (2) Articles 152 subparag. 1 and 43 of the Road Traffic Act; (3) Articles 40 and 50 of the Road Traffic Act (on the part of his/her non-exclusive driver’s license); (3) the Defendant’s health and the following circumstances; (4) Articles 53 and 55(1)3 of the Act on the Mitigation of Sentence 3 of the Criminal Procedure; (3) Articles 62(1) of the Act on the Suspension of Execution of Sentence 65(1)2-2 of the Criminal Act; (4) the Defendant’s health and the following circumstances.

Unfavorable circumstances: The defendant recognizes a crime and reflects the fact that he/she has been sentenced three times to a fine due to driving of drinking, and thus, he/she leads to driving of drinking, which is not good in quality:

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