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(영문) 수원지방법원 2017.11.30 2017고단6610

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

Reasons

Punishment of the crime

On December 1, 2008, the Defendant issued a summary order of a fine of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Cheongju District Court on December 1, 2008, and on April 30, 2015, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act (driving on Drinking) at the leisure support of the Suwon Friju District Court on April 30, 201.

On August 18, 2017, around 05:06, the Defendant driven a B X-ray car under the influence of alcohol content of 0.056% without obtaining a driver’s license from the 10k section of approximately 10km from the 05:06 Embs, Embs, Embs, Embs, to the road front of the 469 Kbs, Jung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of circumstantial statement, notification of the results of crackdown on driving under drinking, notification of the control site photographs, one driver's license register for automobiles;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (filing a summary order related to drinking driving power);

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 Criminal Act include: (a) the Defendant, who led to the confession of each of the crimes of this case, recognized his mistake; (b) the Defendant’s blood alcohol concentration was not high; and (c) the Defendant has no record of punishment in excess of a fine, etc. fall under the circumstances favorable to or in consideration of the Defendant. However, each of the crimes of this case on the other hand, even though the Defendant had been subject to two times punishment due to drinking, is without the driver’s license.