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(영문) 수원지방법원 2018.02.07 2017고단8047

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【The Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Suwon Flag method on December 19, 2008. On September 7, 2011, the same court issued a summary order of KRW 2 million for the same crime. On February 8, 2017, the same court issued a summary order of KRW 5 million for the same crime.

【Defendant Inasmuch as the above-mentioned crime is a person who has been punished twice or more due to the crime of violating the Traffic Act on the Road, Defendant 1 driven a balk vehicle with the Fgalth of Falth without obtaining a driver’s license in the section of about 50 meters from the front of the D cafeteria located in the e-road C around December 10, 2017 to the E-road, while under the influence of about 0.15% alcohol concentration in blood during the section of about 50 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution ( considered favorable to the reason for sentencing) - The defendant is driving under the influence of alcohol without a license. - The defendant has the past record of having been punished several times for the same crime. - The defendant’s blood alcohol concentration is high - the favorable circumstances - the defendant recognizes all criminal facts. - The defendant has no past record of having been sentenced to a fine beyond the fine until now. - Taking into account the short working distance of the defendant’s vehicle, the sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process.