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(영문) 대구지방법원 안동지원 2017.07.14 2017고단210
도로교통법위반(음주운전)등
Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On May 13, 2011, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court’s support on May 13, 201, and on March 8, 2017, the Defendant issued a summary order of KRW 4 million for the same crime in the same court and received a summary order of KRW 4 million for the same crime on at least two occasions.

The defendant is a person who is engaged in driving a C carren car.

On March 23, 2017, the Defendant driven the said car under the influence of alcohol content of about 0.079% without obtaining a driver’s license from approximately 50 meters from the 706-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of the case, notice of the result of regulating drinking driving, and a statement in the circumstances of the driver of drinking;

1. Each report on internal investigation:

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50-1 of the Criminal Act, the choice of imprisonment with prison labor chosen for an ordinary concurrent crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order is that the crime of this case is not less complicated in light of its circumstances, danger, etc.

The defendant has been punished for the crime of drinking driving twice as stated in its reasoning, and there is also one history of punishment for driving without a license.

Furthermore, even though the Defendant was punished by a fine for the recent crime of drinking driving, as stated in its reasoning, the Defendant committed the instant crime. This is an unfavorable circumstance to the Defendant.

The Defendant confessions all of the crimes of this case and reflects them.

The defendant has recently been punished by a fine exceeding 15 years.

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