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(영문) 대구지방법원 영덕지원 2017.08.30 2017고단169
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 18, 2008, the Defendant received a summary order of a fine of three million won or more due to a violation of road traffic law (driving), etc. in the Young-gu District Court Young-gu District Court (Seoul District Court) on February 18, 2008, and on November 19, 2014, the Defendant received a summary order of a fine of four million won or more due to the same crime in the same court.

On June 27, 2017, the Defendant driven a BSS5 car without a driver’s license in the state of alcohol leveling 0.118% from the 200-meter section of ex-offender of war to the roads near the “Korea-Mamp square” road located in the Republic of Korea, after the front of the 200-ray of war, from the 200-ray of war to the roads prior to the 262nd of the 200-ray of war.

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 a criminal record, such as a response to a criminal record; (1) Articles 148-2(1)1 and 44(1) of the Road Traffic Act (on the criminal record of the Act), Articles 152 subparag. 1 and 43 of the Road Traffic Act (on the part of his/her previous record), Articles 40 and 50 of the Road Traffic Act (on the part of his/her non-licenseed driving) of the former Criminal Act; (2) Articles 53 and 55(1)3 of the Act that reduces the amount of imprisonment selected on the basis of choice of sentence under Article 50 of the former Criminal Act; (3) Articles 62(1) and 62-2 of the Social Service Order and the following circumstances.

The circumstances that are disadvantageous: The defendant is recognized to have committed a crime and is against the fact that it is not good to have the quality of the crime even though he/she had the record of being sentenced to a fine twice due to a suspension of one-time suspension of execution, a fine due to a driving without a license for drinking, or a driving without a license twice due to a driving without a license.

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