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(영문) 수원지방법원 2017.09.13 2017고단2880

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 20, 2012, the Defendant was sentenced to a summary order of KRW 5 million on the grounds of a violation of the Road Traffic Act (drinking driving), etc. on the grounds of a violation of the Road Traffic Act (drinking driving), and on January 22, 2014, the same court received a summary order of KRW 7 million on the grounds of a violation of the Road Traffic Act (drinking driving), respectively. On April 28, 2016, the same court was sentenced to a suspended sentence of KRW 2 years on the grounds of a violation of the Road Traffic Act (drinking the measurement of drinking).

On April 21, 2017, the Defendant driven a car with the highest alcohol level of 0.131% under the influence of alcohol level of 0.131% in blood, without obtaining a driver’s license, from the road in front of the 1239-4 of Young-gu, Suwon-si, Suwon-si, Suwon-si, 1239-4, to the road in front of the 3km village of Suwon-dong, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at home, the case handling the report 112, the on-site photographs, and the driver's license register for motor vehicles;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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 in favor of the reasons for sentencing alternative to imprisonment with prison labor – the Defendant recognized all criminal facts. The unfavorable circumstances - The Defendant, even though having no driver’s license, has been punished several times for the same crime. - The driving of a motor vehicle after drinking, while driving the motor vehicle while driving the motor vehicle, caused the risk of causing a heavy traffic accident that may be thrown away, without standing a driver’s license. - The Defendant committed the instant crime again without anti-competence despite being sentenced to imprisonment with prison labor for the same crime in 2016, even though he was in the period of suspension of execution. Each of the above circumstances is trial.