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(영문) 수원지방법원 2017.07.04 2017고단769
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] On May 30, 2012, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating road traffic law (drinking driving) at the Suwon Franchising Station on May 30, 201, and on March 19, 2015, the Defendant was sentenced to a punishment of KRW 10 million for the same crime, etc. at the same court on March 19, 2015 and completed the execution of the sentence at the Ansan Prison on November 29, 201

[2] On January 11, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on January 11, 201, driving a motor vehicle again, even though he/she was punished for driving a FK5 motor vehicle on at least two occasions at approximately 800 meters away from the D convenience store located in Heung-gu, Young-gu, G in the influence of alcohol to 0.064% under the influence of alcohol during blood, and was punished for driving a motor vehicle on at least two occasions in the direction of about 800 meters from the D convenience store located in the

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;

1. Investigation report (the application, etc. of the above dmark formula);

1. A previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (the confirmation of criminal records of a criminal suspect, such as a repeated offense) by statutes;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

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.

At the time of the instant crime, the Defendant’s blood alcohol concentration was not high.

The distance of operation is relatively short after the defendant has been living in the place of his substitute driver.

There is the wife in which the defendant should support the mother's father.

The defendant's wife is seeking the defendant's wife against the defendant.

Circumstances unfavorable to the defendant are as follows:

The defendant's vehicle causes an accident while driving alcohol.

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