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(영문) 수원지방법원 2017.08.22 2017고단3421
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 27, 2011, the Defendant was sentenced to a 6-month suspended sentence due to a violation of the Road Traffic Act by the Incheon District Court, and was sentenced to a 2-month suspended sentence on April 6, 2012, and was sentenced to a 6-month suspended sentence for a violation of the Road Traffic Act by the Incheon District Court on April 6, 2012, and was sentenced to a 2-month suspended sentence on two or more occasions.

On May 15, 2017, the Defendant driven a B-learning car under the influence of alcohol content of 0.183% while under the influence of alcohol, without obtaining a driver's license over about 5km from the road in the Suwon-si, Suwon-si, Suwon-si, to the road in front of the 129 Samsung Electronic Stick, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the results of regulating the driving of drinking and the indication of measuring the drinking;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of investigative reports (verification of the history of punishment for drinking driving at least twice);

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. In full view of the following circumstances and the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, family relation, sex, environment, motive and circumstance of the crime, means and method of the crime, circumstances after the crime, etc.:

[The favorable circumstances] The Defendant acknowledged his mistake while leading to the confession of each of the instant crimes, and the Defendant since 2012.

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