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(영문) 대구지방법원 영덕지원 2017.06.28 2017고단76
도로교통법위반(음주운전)등
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 September 27, 2013, the Defendant received a summary order of KRW 3 million for a crime of violating road traffic laws (drinking driving) from the Daegu District Court’s Port Branch on September 27, 2013, and on April 20, 2016, the Defendant received a summary order of KRW 2.5 million for the same crime, etc. on April 20, 2016, and received a summary order of KRW 2.5 million for the same offense.

On March 4, 2017, at around 22:30, the Defendant driven a coo vehicle into D while under the influence of alcohol leveling 0.080% of the blood alcohol level without a driver's license from approximately 400 meters section to the road facing the comprehensive maintenance plant in the same gririririth, located in the Hapo-ri market.

Summary of Evidence

Before the Defendant’s legal statement and report of traffic accident, notification of the results of the driving of drinking alcohol control, report on the circumstances of the driver, on-site investigation, on-site photo, driver’s license ledger, and on-site inquiry: In response to a reply, such as internal investigation (applicable at least twice the driver’s license), criminal history, etc. (A), Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning the criminal facts subject to the Act and subordinate statutes, Articles 152 subparag. 1 and 43 of the Road Traffic Act (referring to driving without a license), Articles 40 and 50 of the Criminal Act, and Article 50 of the On-Road Traffic Act (referring to driving without a license), the following circumstances, including the following circumstances, the Defendant’s order to observe and take the sentence of Article 62(1)3 of the Criminal Act at the time of the occurrence of the crime, and the following circumstances, including the term and conditions of the Defendant’s order to attend the police.

The ordinary circumstances that are disadvantageous: The defendant's mistake is divided into two parts, because he/she has been sentenced to a three-time fine due to drinking or non-licensed driving, and thus, he/she has reached a non-licensed driving without a license.

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