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(영문) 수원지방법원 2017.11.14 2017고단4670
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

Criminal facts

[criminal history] On July 9, 2012, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving in drinking), and on May 11, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court. On February 8, 2017, the Defendant was issued a summary order of KRW 7 million for the same crime at the same court.

[2] Notwithstanding the fact that the Defendant had been punished twice or more due to drinking driving, on June 26, 2017, the Defendant driven a CTrack car from around 24-61 km to the road before the administrative death of the same city, without obtaining a driver’s license on around 23:43 on June 26, 2017, while under the influence of 0.166% alcohol during blood, from the “Arri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (around 24-61).

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 an inquiry letter, investigation report (the same type of criminal records) and other relevant Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

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

There is no record of criminal punishment exceeding the fine against the defendant.

The social ties between the defendant and his family members are clear, and the defendant's wife is sought.

Circumstances unfavorable to the defendant are as follows:

The defendant caused an accident while driving under the influence of 0.166% alcohol concentration in blood.

Defendant.

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