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(영문) 대구지방법원 영덕지원 2017.07.05 2017고단119
도로교통법위반(음주운전)등
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 September 8, 2009, the Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch branch on September 8, 2009, and on December 13, 2010, the Defendant received a summary order of KRW 4 million for the same crime and received a fine of KRW 4 million in the same court and received two or more times

On May 19, 2017, at around 16:25, the Defendant driven a Brocketing car without a driver’s license, under the influence of alcohol leveling 0.127% from approximately 40 meters away from the 40m section to the 408-12nd road, where the death of the deceased of the Gyeongjin-gun, Jin-gun, Chungcheongnam-do.

Summary of Evidence

The Defendant’s legal statement C’s previous records of a traffic accident report, an on-site investigation report, notification of the results of the influence of drinking driving, a statement report on the situation of the driver’s license, the driver’s license ledger (free license) and the next investigation report (on-site driving report) by the Defendant: (A) a response to inquiry, such as criminal records, etc.; (1) Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning the criminal facts subject to the relevant Act and subordinate statutes; (2) Articles 152 subparag. 1 and 43 of the Road Traffic Act; (3) Articles 40, 50, and 55(1)3 of the Criminal Act, including the following circumstances of the Defendant’s order to suspend the execution of punishment; (3) the punishment of the Defendant, including the following circumstances, shall be determined by taking into account the following circumstances: (4) the Defendant’s order to suspend the execution of punishment; and (4) the Defendant’s motive and distance from the sentence of Article 62(1)3 of the Criminal Act.

Unfavorable circumstances: The circumstances that are advantageous to the fact that the nature of the crime is not good because the person has been sentenced twice to a fine due to the driving of drinking, although he/she had a record of being sentenced to a fine: The defendant repents his/her mistake and reflects it

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