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(영문) 수원지방법원 2017.09.13 2017고단2964
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] The defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking) at the Incheon District Court's Branch on March 6, 2008, and a summary order of KRW 5 million for a crime of violating road traffic law (drinking) at the Incheon District Court on February 2, 2016.

[2] On April 30, 2017, the Defendant driven a B-hand car under the influence of alcohol content of approximately 0.107% while under the influence of alcohol, without obtaining a driver’s license, from approximately 500 meters from the front of the shop Mado Man-do Man-si located in the same side of the T-si at the time of C-I.S. on April 30, 2017 to the front of the entrance of the Masan-do Man-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act - the circumstances unfavorable to the reason for sentencing (a favorable to the reason for sentencing) - the Defendant has the record of having been punished several times for the same kind of crime. - The favorable circumstances are high in alcohol content among the Defendant’s blood. - The Defendant recognized all criminal facts. - The first out of the three drinking drivers was punished in 2008, and at intervals is considered as they were punished in 208. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process in the above circumstances.

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