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(영문) 수원지방법원 여주지원 2018.02.27 2017고단1533

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 3, 2016, the Defendant was sentenced to a summary order of a fine of three million won for a violation of road traffic law (drinking) in the leisure support by the Friwon method, and on September 15, 2017, the Defendant was sentenced to a suspended sentence of six months for a period of six months and on September 23, 2017, for a violation of road traffic law (dacting driving) and a violation of road traffic law (dacting driving) in the leisure support by Friwon method.

On September 17, 2017, at around 22:30, the Defendant driven C SP motor vehicle under the influence of alcohol concentration of about 0.151% without obtaining a driver’s license from the front of the lux restaurant in the front of the lux in the front of the lux of the lux in the northwest-si, Maju City to the front of the 3-lane 1 of the 3rd of the luxamamamam-dong, the Defendant driven the C SP motor vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. A written agreement;

1. Computer inquiry about driver's licenses;

1. An investigation report (a report confirming the previous records thereof);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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 for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The rationale for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Amount of Punishment is that the defendant, after being sentenced to suspended sentence for the same kind of crime, has reached the instant crime, considering the favorable circumstances, such as the defendant’s remaining after being sentenced to suspended sentence due to the same kind of crime, the time being dead and reflect, and the health condition of his/her dependents is not good.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered and decided as ordered.