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(영문) 수원지방법원 2017.06.13 2017고단656
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] On October 15, 2014, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on July 4, 2016, the Defendant was sentenced to a summary order of KRW 1.5 million for the same crime in the same court on July 4, 2016, and on January 12, 2017, the same court was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving) and became final and conclusive on January 20, 2017.

[2] On January 19, 2017, the Defendant driven C rocketing car under the influence of alcohol content of about 0.111% in blood without a vehicle driver’s license from around 23:30 meters in a section of about 300 meters in the same day from the roads in which the Suwon-si Syundong Syundong (Seoul), Suwon-si, Suwon-si, Seoul, to the roads in front of 191 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The value of tea inquiry, driver's license inquiry, inquiry of the results of crackdown on drinking and the measurement of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, text of the judgment, and text of the summary order;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The defendant has no previous convictions of imprisonment.

The defendant is short of the distance to operate a vehicle.

It is necessary to consider the equity between the criminal records recorded in the judgment of the defendant and the criminal facts of the previous criminal records (the previous criminal records who have been sentenced to the suspension of the execution of imprisonment with prison labor for not more than 2016).

There is a need for the defendant to support his family, including the undecent father.

Circumstances unfavorable to the defendant are as follows:

In this case.

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