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(영문) 대구지방법원 영덕지원 2017.04.19 2017고단41
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2009, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (drinking driving) in the Young-gu District Court Young-gu Branch of the District Court on September 16, 2009, and on June 1, 201, the same court was sentenced to a suspended sentence of two years for six months due to a violation of the Road Traffic Act.

On February 28, 2017, the Defendant, at around 20:10, driven a Done Star Cor in the state of alcohol alcohol content of 0.062% at around 0.062%, while the mother of the Defendant, who is in the Republic of Korea, at around 20:10, is under the influence of alcohol content from the front of the house to the road near the straight-distance in the same Ri.

Summary of Evidence

The defendant's legal statement report on driving under the influence of alcohol, notice on driving under the influence of alcohol, the driver's report, the driver's license ledger of the vehicle, and the previous conviction in the judgment of the court: He/she shall be determined by taking into account all the circumstances following the reasons for sentencing under Article 62-2 of the Act on the Suspension of Execution of Article 55 (1) 3 of the Social Service Order under Article 62-2 of the Criminal Act, including the degree of driving at the time of driving, the distance, the defendant's family relationship, as well as the defendant's age, sex, criminal conduct, environment, motive, means, result, etc., as well as all the conditions for sentencing, including the defendant's criminal history, and the criminal facts subject to the application of the Act and subordinate statutes.

Unfavorable circumstances: The circumstances that are favorable to the nature of the crime because of the three-time fine due to drinking driving, the past record of one-time suspended sentence: The fact that the defendant recognizes and reflects the crime, that the defendant transfers the vehicle while making the defendant not to repeat the crime, and that there was no other penalty after the defendant was punished for about six years prior to the punishment of the defendant.

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