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(영문) 대구지방법원 영덕지원 2017.11.29 2017고단249
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

The Defendant, at the Seoul Northern District Court on July 2, 2008, received a summary order of 3.5 million won or more due to a violation of road traffic laws (driving), and on January 25, 2013, received a summary order of 6 million won or more due to the same crime, etc. in the Yeongdeungpo Branch of the Daegu District Court on January 25, 2013, and received a summary order of 6 million won or more for the same offense.

On August 27, 2017, at around 00:25, the Defendant driven a Cclova vehicle while under the influence of alcohol content of at least 0.197% of alcohol in front of a military unit located in the area of about 10 meters in front of the naval 10 meters away from the death side of the Glovag-gun, Glovag-gun.

Summary of Evidence

The Defendant’s legal statement: (a) the Defendant’s report on driving under the influence of alcohol, notification of the results of regulating driving under the influence of alcohol, the driver’s report on the situation of the driver under the influence of alcohol, the vehicle driver’s license register, the next inquiry report on the results of regulating driving under the influence of alcohol, the investigation report (related to the state of driving under the influence of alcohol), the investigation report (related to the investigation report on the A8.27 drinking), the investigation report (related to the investigation report on the suspect’s driving), and the record of the judgment attached thereto: (A) inquiry about the criminal facts covered by the Act and subordinate statutes, such as criminal history, the pertinent Act on the criminal facts covered by the investigation report (the previous record confirmation), Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the selection of imprisonment), and the investigation report on the status of driving under the influence of alcohol, and the following circumstances and circumstances, including the Defendant’s motive and circumstances at the time of the crime, the Defendant’s previous sentence and sentence were fully mitigated;

The circumstances that are disadvantageous: The driving distance at the time is short, the defendant recognizes his/her mistake and reflects himself/herself, there is no particular criminal history since 2013, and the defendant does not repeat the crime.

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