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(영문) 수원지방법원 평택지원 2018.04.25 2017고단2308
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

Punishment of the crime

[criminal history] On May 27, 201, the Defendant is a person who has been punished on two or more occasions due to a violation of the Road Traffic Act (driving) by committing a violation of the Road Traffic Act at the Suwon District Court on May 27, 201, a summary order of a fine of KRW 2 million, and a summary order of KRW 5 million in the same court on July 20, 2017 is issued by the same court.

[2] On November 22, 2017, the Defendant driven B automobiles under the influence of alcohol content of about 0.064% in blood from approximately 500 meters away from the 500-meter section before the second string of the two string of the front side of the front side of the hives of the hives of the hives of the hives of the earth, without obtaining the driver’s license of the vehicle at around 20:56.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on confirmation of the same record as the suspect);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. The punishment as indicated in the Disposition is determined by comprehensively taking into account the following factors: (a) although there was three times of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, (b) one time of driving without a license, and (c) one time of driving without license, and even though there was a history of criminal punishment on one occasion due to drinking without license, the liability for the crime is not less than that of driving without license; (c) the fact that the amount of drinking is less than 0.1%; (d) the drinking value is less than 0.1%; (e) there was no record of criminal punishment exceeding the fine; (e) the Defendant’s age, sex behavior, environment, background leading to the crime; and

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