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(영문) 대구지방법원 영덕지원 2017.09.08 2017고단200
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 18, 2012, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of road traffic law in the Young-gu District Court’s Young-gu District Court’s territorial support, and on July 1, 2015, the Defendant was sentenced to a suspended sentence of three years on July 9, 2015 due to the same offense, etc. in the same court, and was sentenced to a suspended sentence of three years on July 1, 2015, and the said judgment became final and conclusive on July 9, 201

On June 8, 2017, the Defendant driven a C-wing truck without a driver's license, while under the influence of alcohol leveling 0.089% from around 5km to the front road of the B-Jungdong-gu Seoul Metropolitan City, Chungcheongnam-do, Ulsan-do, Seoul-do, to approximately 0.089% of alcohol level.

Summary of Evidence

Before the Defendant’s legal statement, the Defendant’s report on driving under the influence of alcohol, the notice of his driving under the influence of alcohol, the report on the situation of his driver, the driver’s license register, and the next investigation report (on the circumstances of his driver): In response to the criminal history, such as inquiry (A), Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning the criminal facts subject to the applicable Acts and subordinate statutes, Articles 152 subparag. 1 and 43 of the Road Traffic Act (the act of driving under the influence of alcohol), Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (the act of driving under the influence of a driver without the license), Articles 53 and 55(1)3 of the Criminal Act to reduce the amount of imprisonment selected on the basis of the sentence of Article 152 subparag. 1 and 43 (the act of driving under the influence of a driver without the license), the degree and age of the Defendant’s previous drinking, the Defendant’s motive and circumstances, as well.

A disadvantageous condition: A normal condition that is favorable to a person who has been sentenced to a fine twice due to a driving without a license and has been sentenced to a two-time suspended sentence due to a driving without a license for driving without a license for the last drinking, and that the defendant was subject to a suspended sentence due to a license for driving without a license for the last drinking and led to a second crime

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