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(영문) 대구지방법원 영덕지원 2017.10.25 2017고단236
도로교통법위반(음주운전)
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 June 27, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving), etc. in the Goyang Branch of the District Court on June 27, 2007. On December 13, 2011, the Defendant was sentenced to a suspended sentence of 2 or more times for a violation of drinking regulations, such as imprisonment of 2 or more years for a suspended sentence of 5 months for the same crime.

On July 29, 2017, at around 02:25, the Defendant driven a C low alcohol level of about 1.5 meters in the section of approximately 0.262% in alcohol level, from the road near Western-do, the Southwest-do, the west-do, the west-do, the west-do, the Northwest-do, the west-do, the Northwest-do, the west-do, the Republic of Korea, to the west-do, the west-do, the Republic of Korea.

Summary of Evidence

In the case of a defendant's legal statement of traffic accident, actual condition investigation report, driver's circumstantial statement report, driver's identification report, driver's driver's driver's license register, inquiry report about the results of crackdown on drinking driving, and previous criminal records: (A) inquiry inquiry statement about criminal records, such as criminal records, and investigation report (verification of previous records), Article 148-2 (1) 1, Article 44-2 (1) 1, Article 53, and Article 55 (1) 3 of the Act on the Mitigation of Small Quantity Reduction of Punishment (Appointment of Imprisonment), Article 62 (1) of the Act on the Suspension of Execution of Sentence 3, Article 62-2 of the Criminal Act, Article 62-2 of the Criminal Act, including the distance at the time of driving, the age, motive, and circumstances of the defendant and his family members, as well as the defendant's health, the motive and condition of the crime, as well as the following circumstances.

The circumstances that are disadvantageous: A person who has been sentenced to a fine on three occasions due to drinking driving, etc., who has been sentenced to a two-time suspended sentence, but has been driving under drinking, and the degree of driving at the time of driving is very high and the occurrence of an accident that may lead to a serious accident, such as the collision of traffic signs, etc.: the defendant is divided, reflected, and reflected his/her mistake.

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