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(영문) 수원지방법원 평택지원 2017.08.09 2017고단919

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 3, 2009, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act at the Suwon District Court's House on September 13, 2013, a fine of 6 million won as a crime of violating the Road Traffic Act (drinking) at the same court on September 13, 2013, and on October 6, 2016, the same court issued a suspension of the execution of six months in imprisonment for a crime of violating the Road Traffic Act (drinking on October 14, 2016), and on November 17, 2016, the Defendant violated Article 44 (1) of the Road Traffic Act at least twice, and is currently under suspension of the execution of the execution of four months. < Amended by Act No. 14447, Nov. 25, 2016>

[2] On May 8, 2017, the Defendant: (a) driven a Etibl vehicle in the state of alcohol alcohol concentration of about 400 meters in approximately 0.051% in alcohol without a driver’s license from around the parallel of Pyeongtaek-dong, Pyeongtaek-dong, to the roads near the Sejong-dong, Sejong-dong, and the same city roads; (b) on May 8, 2017, the Defendant driven a Etibl vehicle without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (Attachment to the judgement, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Normal circumstances that are favorable to the reasons for sentencing under Articles 53 and 55(1)3 (the following favorable circumstances): The defendant committed the principal crime without being among persons, even though he/she was under the period of suspension of execution due to the same kind of crime, in spite of the fact that he/she was punished by a fine several times due to driving or driving without a license for driving or driving without a license for the same kind of crime.