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(영문) 대구지방법원 영덕지원 2017.12.13 2017고단252
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 July 20, 2007, the Defendant received a summary order of a fine of three million won or more due to a violation of road traffic law (drinking driving), and a summary order of four million won or more due to a violation of road traffic law in the same court on March 22, 2017, respectively.

On August 14, 2017, at around 23:30, the Defendant driven a car at around 19km in the direction of the public water storage research center located in the Ganjin-gun, Chungcheongnam-do, Chungcheongnam-do, Seoul Special Self-Governing Province to the front road of the Geum River Station, located in the area of the same Gun from the front of the Geum River Station, which is located in the area of the said Gun, while under the influence of alcohol content of about 0.230% while under the influence of alcohol during blood without obtaining a driver’s license.

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 influence of alcohol, the report on the situation of his/her driver, the driver’s license register, and the next investigation report (on the circumstances of his/her driver): In response to the criminal history, such as inquiry (A), Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning the criminal facts subject to the applicable Acts and subordinate statutes (the confirmation of the previous history), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the act of driving under the influence of alcohol), Articles 40 and 50 of the Criminal Act (the act of driving without a license), Articles 53 and 55(1)3 of the Criminal Act, the following circumstances, including the motive and reason for the crime, and the following circumstances, shall be determined, taking into account the following circumstances:

D. Unfavorable circumstances: The driving of drinking within a short period despite the past record of fine twice due to driving of drinking, which leads to a driving of drinking within a short period, which is very favorable to the high level of driving at the time of driving: The fact that the defendant recognizes and reflects the crime, and that the defendant's wife desires the defendant's wife.

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