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(영문) 수원지방법원 여주지원 2017.11.21 2017고단1298
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 17, 201, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) in the leisure support of a water source method source, and on June 1, 2005, the Defendant was sentenced to a suspended sentence of two years for one year due to a violation of the Road Traffic Act (drinking driving) in the same court.

On October 7, 2017, the Defendant, without obtaining a driver's license for a vehicle at around 17:40, driving a vehicle with approximately 1 km B SM3 vehicle from the parking lot to the 107 lower-class 107 lower-tier road at the time of inn week, while under the influence of 0.146% alcohol in blood.

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, such as a report on investigation (Attachment of the previous summary order, etc.) and text of the judgment;

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

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. It is so decided as per Disposition by taking into account all the factors of sentencing under Article 51 of the Criminal Act, such as the time and reflection of a crime on the grounds of sentencing under Article 62(1) of the Criminal Act, drinking volume and driving distance, the frequency and degree of punishment for the same crime, the age, sexual behavior, environment, etc. of the defendant.

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