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(영문) 대구지방법원 영덕지원 2017.05.31 2017고단60
도로교통법위반(음주운전)
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 December 14, 2007, the Defendant received a summary order of a fine of two million won or more due to a violation of the Road Traffic Act (drinking) from the Busan District Court's Dong Branch, and a summary order of 1.5 million won or more due to a violation of the Road Traffic Act at the Daegu District Court's Daegu District Court on July 29, 201.

On March 21, 2017, at around 20:50, the Defendant driven a coo car in B while under the influence of alcohol content of approximately 0.160% in alcohol on a section of about 30km from the front of a mutually influent restaurant to the front of “camping site for coo” located in the Dondong-gu Seoul Special Metropolitan City, Ulsan-do.

Summary of Evidence

Before the Defendant’s legal statement, the Defendant’s report on driving under the influence of alcohol, the notification of the results of the driving under the circumstances of the driver under the influence of alcohol, the driver’s report, the driver’s license ledger of the vehicle, and the previous conviction in the next ruling: (A) a response to inquiry, such as criminal history, and the criminal facts subject to the application of the Act and subordinate statutes, the pertinent provision of the Act and Articles 148-2(1)1 and 44(1) of the Road Traffic Act to mitigate the small amount of punishment (the choice of imprisonment), as well as Articles 53 and 55(1)3 of the Act on the Suspension of Execution of Article 62(1)3 of the Criminal Service Order under Article 62-2 of the Criminal Act, including the following circumstances, and all of the sentencing conditions, such as the degree of driving under the influence of the Defendant at the time of drinking, the distance and the background under which the Defendant was under influence of alcohol, the environment, the motive and consequence of the crime, etc.

The circumstances that are disadvantageous: The driving of drinking, even though there was a history of fine twice due to the driving of drinking, has reached the driving of drinking, and the driving of drinking has been controlled by police officers who have attempted to control the driving of drinking, and the quality of the crime is not good: The defendant is divided into his/her mistake and reflects his/her behavior.

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