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(영문) 수원지방법원 2017.08.08 2017고단3717
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] The Defendant was issued a summary order of KRW 3 million due to a violation of road traffic law (driving alcohol), etc. in the support for the development of the Suwon Flag method on December 18, 2009. On November 29, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for the same crime and one year for suspension of execution.

[Criminal facts] On May 17, 2017, the Defendant was under the influence of alcohol level of 0.191% during blood transfusion around 18:03, and without obtaining a driver’s license, the Defendant driven CKaren II car from the Suwon-gu Seoul Metropolitan Government Flag Flag to the front road of about 51-7 meters away from approximately 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the text of the judgment and attachment of 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. 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 distance of the defendant's driving is shorter.

The defendant has no previous convictions of imprisonment.

There is a situation in which the defendant is economically difficult to support his family, including two children.

Circumstances unfavorable to the defendant are as follows:

The defendant caused an accident caused a building and parked vehicle while driving under the influence of alcohol level 0.191% in blood without a driver's license.

The defendant has been sentenced to a fine of 4 times due to drinking driving, including the previous criminal records in the judgment, and a fine of 1.5 million won due to driving without a license in 2007.

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