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(영문) 수원지방법원 평택지원 2017.06.21 2017고단870
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 March 16, 2012, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving in drinking), and on April 17, 2013, a summary order of KRW 5 million with a fine of KRW 5 million with a penalty of violating the Road Traffic Act (driving in Drinking) in the Suwon District Court’s Pyeongtaek District Court’s House on April 17, 2013, respectively.

On April 25, 2017, at around 19:05, the Defendant driven a B-wing truck with alcohol content of at least 0.164% while under the influence of alcohol without obtaining a driver's license from around 70 meters from around 9:05, Sho-si, Masung-si, to the front of the 112 cocoke system in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. The driver's license ledger;

1. Each photograph;

1. Previous conviction: Application of an inquiry letter, investigation report (Attachment to a summary order of the same kind of power) and 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists a history of punishment of a fine several times for the same kind of crime, the fact that the volume of this case's drinking is relatively high, and the fact that the vehicle was driven under the influence of alcohol or without a license, etc., other favorable circumstances: confession, reflectivity, and criminal records exceeding the fine: The defendant's age, family relation, criminal history, etc. are sentenced: The sentence shall be sentenced to eight months of imprisonment, suspension of execution of two years, and the reason that the order for observation of protection

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