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(영문) 수원지방법원 평택지원 2017.09.14 2017고단1502
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a two-year suspended sentence for a violation of road traffic law in the Daegu District Court Kimcheon on March 19, 2015, and was sentenced to a two-year suspended sentence for a violation of road traffic law. On April 4, 2017, the Defendant was sentenced to a two-month suspended sentence for the same crime in the same court on April 12, 2017, and the said judgment became final and conclusive on April 12, 2017.

[2] On June 29, 2017, the Defendant driven C SP motor vehicle under the influence of alcohol concentration of approximately 0.215 percent on the two kilometers from the road front of the mutually influent convenience store located in Pyeongtaek-si to the front of the “fluent elementary school influence” of Pyeongtaek-si fluoron 2:23:10 on June 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Making a report on the circumstances of driving without a license, the driver’s license ledger, and making an inquiry into the vehicle register;

1. Previous convictions: Application of inquiry statements, such as criminal history, and investigation reports (Attachment to the same criminal suspect's judgments, etc.);

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. The sentence like the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relation, and circumstances before and after the crime.

- The sentence of sentence is inevitable because not only has been punished several times for the same crime but also has committed each of the crimes in this case during the period of suspension of execution due to the same crime. However, there is no other additional damage, such as causing a traffic accident, etc. by each of the crimes in this case. - The defendant has against his mistake.

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