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(영문) 수원지방법원 여주지원 2017.10.25 2017고단1065

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On May 28, 2015, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of a fine of KRW 7 million at the Cheongju District Court on the grounds of a violation of the Road Traffic Act (driving).

[2] On August 13, 2017, around 01:30, the Defendant driven a BM5 LPLi car under the influence of alcohol content 0.06% under the influence of alcohol while under the influence of alcohol content 0.06%, without obtaining a driver’s license, from a section of approximately 400 meters from the front side of the Hacheon-si, Hacheon-si, Hacheon-si to the front side of the Hacheon-si in the border.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (verification of criminal records of the same kind of punishment as the suspect);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant with the reason for sentencing under Article 62-2 of the Criminal Act of the community service order shall be sentenced to the same sentence as the order by comprehensively taking account of the favorable circumstances, such as the circumstances having the record of performing the same kind of crime, and the circumstances without any record of punishment, etc.;