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(영문) 대구지방법원 영덕지원 2017.06.16 2017고단45
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 5, 2016, the Defendant was sentenced to one year to a suspended sentence in six months of imprisonment due to a violation of road traffic law in the Young-gu District Court's Young-gu Branch's territorial support on October 5, 2016, and the sentence becomes final and conclusive on October 13, 2016.

On February 15, 2017, around 18:50, the Defendant driven a DNA cargo vehicle while under the influence of alcohol of about 0.133% in alcohol while under the influence of alcohol without obtaining a driver’s license, from the front of the “Yudong cafeteria,” which is located in the territorial sea of the Young-gun, Young-gu, Seoul Metropolitan City, to the front of the “Seoul High Military Students Training Center” located in the same line of 3km.

Summary of Evidence

The Defendant’s legal statement traffic road traffic law ( drinking, non-license) detection report, notification of the result of the crackdown on the driving of alcohol, statement report on the situation of the driver under the influence of alcohol, inquiry into the results of crackdown on the driving of alcohol, the driver’s license ledger of the vehicle, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act on the facts constituting the crime subject to the law of the next inquiry, Article 152 subparag. 1, Article 40 and Article 43 of the Road Traffic Act on the grounds of sentencing of selective sentence of imprisonment under Article 152 subparag. 1 and Article 43 of the Road Traffic Act (the non-exclusive driver’s license) are deemed to have led to the Defendant’s driving without a driver’s license, and it is not appropriate to commit the crime in this case in light of the fact that the Defendant was sentenced to a suspended sentence due to drinking, etc. and led to a crime during the period of suspended execution.

However, considering the favorable circumstances that the defendant recognized the crime of this case and reflected against the defendant, and that the branch of the defendant want the defendant's wife.

In addition, all the sentencing conditions, including the family relationship of the defendant, such as the age, sex, environment, motive and background of the crime, means and consequence of the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions.

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