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(영문) 수원지방법원 2017.11.30 2017고단6841

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2012, the Defendant issued a summary order of a fine of one million won on the grounds of a violation of the Road Traffic Act (drinking driving) at a water source method source on November 14, 2012, and on June 11, 2014, the same court issued a summary order of a fine of five million won on the grounds of a violation of the Road Traffic Act (drinking driving) by the same court.

On October 13, 2017, the Defendant driven CM5 car under the influence of alcohol content of 0.120% while under the influence of alcohol content of 0.120% without obtaining a driver’s license from the road located in the Young-gu, Suwon-si, Suwon-si to the front of the fixed distance of about 99 in the 2km-gu, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Results of regulating driving of drinking;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes, such as investigation reports (formers and attachment of judgments, etc.), and text of judgment;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, comprehensively taking into account the following circumstances, Defendant’s age, family relation, sex, environment, motive and background of a crime, means and method of a crime, and the circumstances after a crime, etc., the punishment as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while leading to the confession of each of the crimes of this case, the defendant did not cause other damage, such as traffic accidents, and the defendant has been fined for the last ten years.