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(영문) 수원지방법원 평택지원 2018.02.09 2018고단60
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 summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Changwon District Court’s branch on April 8, 201, and a summary order of KRW 5 million for the same crime in the same court on November 12, 2013, respectively. On December 15, 2016, the Defendant was sentenced to a one-year suspension of execution for one-year imprisonment for the same crime from Suwon District Court’s Sejong District Court’s Pyeongtaek District Court’s usual site, and on December 23, 2016, for which the judgment became final and conclusive and conclusive.

[2] On December 25, 2017, the Defendant: (a) driven a Cystren car under the influence of alcohol content of at least 0.072% of alcohol while under the influence of alcohol without obtaining a driver’s license from around 2km to the front road of the national highway No. 38 of the same Sing-Eup National Highway (Seoul National Highway No. 38 of the same city).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the result of crackdown on driving;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Each photograph;

1. Previous convictions: References to inquiries, reports on investigation (the same criminal records and confirmation of the suspect A) and the application of statutes;

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. Normal circumstances that are favorable to the reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity: The confession, reflectivity, and the figure of this case drinking is relatively high, etc. that are disadvantageous: The defendant, who was sentenced to a fine several times due to drinking driving, committed another crime under the suspension of the execution of imprisonment, even though he was sentenced to a punishment for the crime of drinking driving under the suspension of the execution of the sentence; the driver's license was revoked; the defendant was driving without a license even after the driver's license was revoked: The defendant's age, family relationship, and criminal background: Imprisonment with prison labor for not less than six months.

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