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(영문) 대구지방법원 영덕지원 2017.11.15 2017고단138
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 October 21, 2015, the Defendant was issued a summary order of 1.5 million won or more for a violation of road traffic laws in the Young-gu District Court Young-gu District Court’s Yeongdeungpo-gu branch on the following grounds: (a) on February 24, 2016, the Defendant was issued a fine of 2 million won or more for the same crime; and (b) on February 24, 2016, upon receiving a summary order

On April 11, 2017, 17:23, in the state of alcohol alcohol concentration of about 0.142% from the 3km section from the 3km to the 195-25 U.S. road in Pyeongtaek-gu Seoul Special Metropolitan City, Chungcheongnam-do, Chungcheongnam-do, Seoul Special Metropolitan City on April 11, 2017, the respondent driven B Poter cargo without a driver's license while under the influence of alcohol concentration of about 0.142%.

Summary of Evidence

Before the Defendant’s legal statement and report of traffic accident, actual condition investigation, statement of the driver’s driver, main driver’s circumstantial report, vehicle driver’s identification report, vehicle driver’s license register, tea inquiry report, and inquiry about the result of crackdown on driving under influence of alcohol (the primary driver’s report): He/she shall determine the Defendant’s response, such as criminal history; (A); (1) 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; (2) Articles 40 and 50 of the Criminal Act; (3) Articles 55(1)3 and 55(1)3 of the Criminal Act; (3) Articles 148-2(1); (4); (4)1 and 44(1) of the Road Traffic Act; (4) Articles 152 subparag. 1 and 43 of the Road Traffic Act; (4) Articles 53 and 55(1)3 of the Criminal Act’s term and conditions of probation; (2)

Unfavorable circumstances: The defendant would have been able to lead to a serious accident, such as the fact that he/she has been punished twice by a fine due to drinking or non-licensed driving within the short term, and the occurrence of an accident that collisions with electric telegrams, etc.:

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