beta
(영문) 수원지방법원 2017.07.19 2017고단3329

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 11, 2008, the Defendant was sentenced to a summary order of one million won or more for a crime of violating the Road Traffic Act (drinking driving), on June 20, 2008, the Defendant was sentenced to a summary order of three million won or more for a crime of violating the Road Traffic Act (drinking driving), and on September 26, 2012, the same court was sentenced to a suspended sentence of eight months for a crime of violating the Road Traffic Act (drinking driving). On November 27, 2015, the Defendant was sentenced to a suspended sentence of two years for a year.

On February 18, 2017, the Defendant driven a HM5 vehicle under the influence of alcohol content of 0.135% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver's license, at a section of about 10km from the Do in front of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the road of about 39km-ro, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in the I;

1. Reports on traffic accidents, reports on the circumstances of drivers who take the main place, and the register of drivers' licenses;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. The circumstances favorable to the reasons for sentencing alternative to imprisonment with prison labor – the defendants recognize all criminal facts. The unfavorable circumstances – the defendants have the record of having been punished several times for the same kind of crime. The defendants are already sentenced to imprisonment with prison labor for the same crime on two occasions. The defendants, who were sentenced to imprisonment with prison labor for one year on November 2015 and a two-year suspension of execution, are again subject to a two-year suspension of execution without prison labor, even though they are still under the suspension of execution.