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(영문) 수원지방법원 2017.05.16 2017고단242
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

1. The Defendant was sentenced to a suspended sentence of two-year imprisonment for six months on November 8, 2013 due to a violation of the Road Traffic Act in the support for the development of the Suwon method and the Korea Coast Guard, etc. on November 8, 2013, and was sentenced to a suspended sentence of two-year imprisonment for the same crime at the Seoul Western District Court on November 21, 2013.

[Criminal facts] On December 29, 2016, the Defendant driven a DNA SM6 vehicle while under the influence of alcohol level 0.097% in blood at the front of C at the time of harmony around 05:10 on December 29, 2016.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant, “2017 Highest 1128,” without obtaining a driver’s license, driven a G Poter cargo vehicle within a section of approximately one kilometer from the front road to the front road of the F, in the ethic City of harmony on February 13, 2017, without a driver’s license.

Summary of Evidence

[Judgment 1] Facts 1, 2017 order 242]

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions in the judgment: A written reply to inquiries, such as criminal history, text of the judgment, etc. [the facts of the judgment No. 2, the second sentence of 2017, the second sentence of 11

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Investigation report (Inquiry about details of revocation of driver license) and the application of statutes;

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

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the scope of the term of punishment plus the long-term punishment for two crimes);

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 and reflected in each of the crimes in this case.

The defendant has no previous convictions of imprisonment.

The defendant is in a position to support his/her family, including his/her children.

(b) the defendant;

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