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(영문) 수원지방법원 2017.08.08 2017고단3029
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

On November 29, 2013, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (drinking driving), to a Daejeon District Court on November 5, 2015, to a summary order of KRW 4,00,000 for the same crime at Daejeon District Court on September 22, 2016, and to a summary order of KRW 5,00,000 for a fine for a violation of the Road Traffic Act (drinking of drinking), respectively, at the Cheongju District Court on September 22, 2016, and received a summary order of KRW 5,00,00 for driving

On May 7, 2017, the Defendant driven a BM5 vehicle under the influence of alcohol content of 0.113% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from around 07:05 to around 29 kilometers away from the insular area.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 of 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. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

[The favorable circumstances] The Defendant, who led to the confession of each of the instant crimes, recognized his mistake, and the Defendant’s other damages, such as traffic accidents.

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