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(영문) 수원지방법원 여주지원 2018.10.26 2018고단699
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 5, 2010, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the Chuncheon District Court's original branch on October 5, 2010, and on November 5, 2010, the Defendant issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) on the ground of a violation of the Road Traffic Act (drinking driving), and on February 15, 2017, the judgment became final and conclusive on February 23, 2017.

On July 12, 2018, the Defendant driven a F F-owned vehicle under the influence of alcohol level of 0.151%, without obtaining a driver’s license, from the front parking lot in Gyeonggi-gu B to the front road in D, from approximately 500 meters to the front road in D.

Summary of Evidence

1. Statement by the defendant in court;

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 Acts and subordinate statutes to the investigation report (the confirmation of the same type of electricity and the period of suspension of execution);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the 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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are as follows: (a) consideration of the favorable circumstances is given to the fact that the sentence is being followed by the reasons for sentencing; (b) consideration is given to the same type of crime; and (c) the sentence is inevitable in that the sentence is being imposed several times for the same crime

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.

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