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(영문) 대구지방법원 영덕지원 2017.09.08 2017고단172
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2006, the Defendant was issued a summary order of a fine of one million won or more due to a violation of road traffic law in support of Sungnam-gu Friwon, and on May 24, 2013, upon receiving a summary order of a fine of 3.5 million won or more due to the same crime from the Daegu District Court Young-gu Branch, the Defendant was issued a summary order of 3.5 million won or more for the same offense.

On June 29, 2017, around 21:49, the Defendant driven Bsch Rexton car at approximately 0.070% alcohol level from the 2km section to the road before the “motor vehicle or half-point” located in the same area after the non-frequency of the trade name in front of the seat of the death of the death of the Gung-gun-gun, Chungcheongnam-do.

Summary of Evidence

In previous records of the Defendant’s legal statement, a report on the state of driving, a report on the driver’s oral statement, a report on the driving of drinking alcohol, a notification of the results of the restriction on driving alcohol, a written inquiry about the driver’s license register, and a next investigation report (the state of the driver’s license report), such as criminal history: (A) a written inquiry about the criminal facts covered by Acts and subordinate statutes such as criminal history; (1) a relevant Act as to the criminal facts subject to the investigation report (the previous record confirmation); Articles 148-2(1)1 and 44(1)3 of the Act on the Mitigation of Minimum Quantity (the choice of imprisonment), Article 53 and 55(1)3 of the Act on the Suspension of Execution under Article 62(1)3 of the Criminal Act, and Article 62-2 of the Criminal Act, including the degree of driving at the time of drinking, the distance of the Defendant’s age, the background, motive, and circumstances of the crime; and (2) the punishment shall be determined in consideration of all the following circumstances.

The circumstances that are disadvantageous: The defendant's mistake is divided and rebuttaled, the defendant does not repeat the crime, and transfers his/her vehicle to another person, his/her family and his/her will take the lead of the defendant. The defendant's family and his/her will take the lead.

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