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(영문) 수원지방법원 여주지원 2017.01.06 2016고단1330
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 9, 2015, the Defendant received a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Friwon Friju, and on October 13, 2016, the Defendant received a fine of KRW 3 million for a crime of violating the Road Traffic Act (dacting driving) in the same court on October 13, 2016.

[2] On November 5, 2016, around 01:13, 2016, the Defendant driven B-low-scale car under the influence of alcohol with approximately 500 meters alcohol concentration 0.145% without obtaining a driver’s license from the front side of P-ro 140, 140, Yancheon-ro, Yacheon-ro to the front side of the J-ro 126-13, J-ro, 126-13.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of driving at home;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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. 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. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Unfavorable circumstances, such as Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Orders to Provide community service and attend lectures, and undermining the measurement of the reason of sentencing, the Defendant’s perception of and reflects on his own criminal act, and other favorable circumstances, such as the Defendant’s age, family environment, past history, drinking volume on the day of the instant case, alcohol concentration on the day of the instant case, and the circumstances after the instant crime.

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