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(영문) 대구지방법원 영덕지원 2017.04.26 2017고단51
도로교통법위반(음주운전)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2016, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Young-gu District Court Young-gu District Court (Seoul District Court) on March 16, 2016, and the Defendant was issued a summary order of KRW 3 million for the same crime in the same court on April 28, 2016, and was issued a summary order of KRW 3

On February 28, 2017, the Defendant driven a CBS vehicle without a driver’s license in the state of alcohol alcohol leveling from approximately 800 meters to around the road of the “marjin-gun Office of Ulsan-gun” located in the Ulsan-gun, Ulsan-gun, Seoul-do, without a driver’s license, from around 800 meters to the road of the “Yinjin-gun Office” located in the same Eup.

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 driver’s circumstantial statement report, the tea inquiry about criminal history, and the previous record of the judgment on the driver’s license ledger: inquiry of inquiry about the criminal history, investigation report (the previous record confirmation), Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the act of driving under drinking), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the act of driving without a license) of the same Act, Articles 40 and 53 of the Criminal Act (the act of driving without a license), Article 50 of the Act to mitigate the amount of selective imprisonment for a sentence under Article 50, Article 55(1)3 of the Act to mitigate the amount of punishment selected by the Defendant, and Article 62-2 of the Criminal Act to observe the suspended sentence under Article 55(1)3, and Article 62-2 of the Criminal Act, including the following circumstances, the Defendant’s motive and distance at the time of the crime, and the circumstances.

The circumstances that are disadvantageous: The defendant's mistake is divided and reflected, the defendant does not repeat and transfers his/her vehicle, and the defendant transfers his/her vehicle to his/her health. The defendant's health status is the defendant's situation.

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