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(영문) 대구지방법원 영덕지원 2016.10.21 2016고단150
도로교통법위반(음주운전)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2009, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the Young-gu District Court’s territorial support on May 13, 2009. On October 28, 2014, the Defendant was sentenced to a fine of one million won by the same court for a violation of the Road Traffic Act.

On July 13, 2016, at around 22:20, the Defendant driven Calba while under the influence of alcohol of about 0.101% of alcohol level without obtaining a driver’s license, from the front side of the Ulsan-gun Eup, Ulsan-gun to the high sex distance located in the same Eup/Myeon.

Summary of Evidence

Defendant’s legal statement

Criminal records as stated in the judgment of the court below, such as a report on the state of driving under the influence of alcohol, a report on the state of driver under the influence of alcohol, a report on the state of driver under the influence of alcohol, a report on the results of the control of driving under the influence of alcohol, a ledger of driver's license, a detailed inquiry, and a report on the results of the control of driving under the influence of alcohol: In light of the relevant criminal records (report on the confirmation of records of the same type of crime), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Articles 154 subparagraph 2 and 43 of the Road Traffic Act, Articles 40 and 50 of the Criminal Act (a person without a license for driving under the influence of alcohol), Articles 53 and 55 (1) 3 of the Criminal Act (a person without a license for driving under the influence of alcohol), Articles 62 (1) of the Criminal Act, and Article 62-2 of the Social Service Order Act, the criminal records of this case are not subject to a suspended sentence.

However, considering the favorable circumstances in which the defendant is fully aware of and against all of the crimes, the degree of drinking at the time of drinking driving, the distance of driving and the health conditions of the defendant, as well as the age, character, character, environment, details and result of the crimes.

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