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(영문) 수원지방법원 2018.02.20 2017고단8353
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[Power of crime] The defendant was issued a summary order of KRW 3,50,000 by the Incheon District Court on February 15, 2008 to a fine of KRW 1 million due to a violation of the Road Traffic Act (dacting driving), and on April 18, 2008 to a fine of KRW 3.5 million due to the same crime.

[Criminal facts] On November 7, 2017, the Defendant: (a) driven a car under the influence of alcohol level of 0.20% while under the influence of alcohol level of 0.20%, without obtaining a driver’s license from approximately 100 meters around the roads adjacent to Suwon-si, Suwon-si, Suwon-si, to the water level of Suwon-si, Suwon-si, Suwon-si; and (b) drive a car.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, printing, driver's license ledger, and making a tea-type inquiry;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, investigation reports (the previous convictions during the period of suspension of execution and previous convictions in the same kind);

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

The distance of the defendant's vehicle operation is relatively short.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

The defendant has a record of being sentenced to a fine of two times due to drinking driving as stated in the judgment of the court, and the defendant has a record of being sentenced to a fine of 300,000 won due to driving without a license in 2010.

In 2016, the Defendant was sentenced to imprisonment for 10 months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed the instant crime during the suspended execution period.

. The above.

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