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(영문) 대구지방법원 영덕지원 2017.05.24 2017고단78
도로교통법위반(음주운전)
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2009, the Defendant received a fine of one million won or more as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Young-gu District Court Young-gu branch on March 4, 2009, and a summary order of two million won or more as a fine for the same crime on November 26, 2009, respectively.

On April 9, 2017, at around 16:55, the Defendant driven a c-wing truck with alcohol content of about 0.101% from the 9km section to the roads in front of a mutually influent restaurant located in the territorial sea of Gyeong Young-gun, Chungcheongnam-gun, Seoul, the territorial sea of the Republic of Korea, to the roads in front of the same military bottled, the knife of which is located in the glueg of the Republic of Korea.

Summary of Evidence

In previous records of the Defendant’s legal statement detection report on the violation of the Traffic Act (drinking driving), notification of the result of crackdown on the driving of alcohol, inquiry into the situation of the driver under the influence of alcohol, the ledger of driver’s license, and inquiry into the circumstances of the driver under the circumstances of the driver under the circumstances of the driver under the influence of alcohol (drawing report), investigation report (drawing report on the previous history confirmation report), and criminal facts covered by the relevant law and Articles 148-2(1)1, 44(1)(d) of the Act on the Preparation of Minimum Quantity Reduction and Exemption of Punishment, Articles 53 and 55(1)3 of the Criminal Act (d) of the Act on the Suspension of Execution of Article 62-2(1) of the Criminal Act (d) of the Criminal Act), including the following circumstances, degree of driving distance at the time of driving, Defendant’s age, the Defendant’s environment, motive and consequence of the crime, etc.

Unfavorable circumstances: The circumstances that are advantageous to the fact that the nature of the crime is not good because it reaches the driving of drinking even though it has been sentenced three times to a fine due to the driving of drinking: the defendant recognizes the crime and reflects it.

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