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(영문) 수원지방법원 2017.09.19 2017고단3172
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 June 20, 2016, the Defendant issued a summary order of a fine of KRW 3 million to a crime of violating the Road Traffic Act (drinking driving) at the source of a water source method on June 20, 2016, and on January 23, 2017, a summary order of KRW 5 million from the source of a water source method to the same crime and was punished twice due to drinking driving, respectively.

On May 9, 2017, the Defendant driven a C-learning car under the influence of alcohol content of about 0.097% in blood without obtaining a driver’s license from around 107-2, the return of which was made at around 107-2, to the front road of the Dobongsan Park, which was located in the Dong in the old C-gu C-si.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of each summary order 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 sentence as ordered shall be determined.

[ favorable circumstances] The Defendant acknowledged his mistake while making a confession of each of the instant crimes, the Defendant’s blood alcohol concentration is not high, and the driver’s license was revoked on June 22, 2016, and the Defendant disposes of the vehicle.

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