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(영문) 수원지방법원 성남지원 2017.08.18 2017고단1487
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 28, 2008, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking driving) in support of Sungnam-gu Friwon on February 28, 2008, and a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving). On June 29, 2015, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) in the same court.

On June 8, 2017, at around 21:35, the Defendant driven a B-be under the influence of alcohol concentration of about 0.054% without the driver’s license, from around 150 meters away from the 148-meter radius of the name of the Republic of Korea at the beginning of the beginning of the Seocho-si, Gwangju, to the front route of the Sin-ri Eup at the beginning of the beginning of the same Sin-si, and from around 150 meters away from the 150-meter section of the Gwangju Hyundai Motor.

As a result, the Defendant, who was punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A report on 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, and an investigation report (Attachment to a summary order punished by a person under influence of alcohol);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

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. The reason for sentencing under Article 62(1) of the Criminal Act (resumed as follows) is that the defendant has a number of criminal records identical to that of the defendant, and that there is a risk of repeating a crime, etc. is disadvantageous.

However, there has been no history of punishment exceeding a fine for about 30 years for the defendant, confession and reflect on each of the crimes of this case, the alcohol concentration in blood driving is relatively lower than 0.054%, and other circumstances under Article 51 of the Criminal Act.

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