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(영문) 수원지방법원 여주지원 2018.01.19 2017고단1500
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 12, 2001, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act in the leisure support by the source method of a water source, and the summary order of KRW 1 million for a violation of the Road Traffic Act on December 7, 2005 for a violation of the Road Traffic Act on December 7, 2005, the summary order of KRW 1 million for a violation of the Road Traffic Act on May 2, 201, and the summary order of KRW 1 million for a violation of the Road Traffic Act on February 21, 201 in the leisure support by the source method of a water source method of a water source, and the summary order of KRW 4 million for a violation of the Road Traffic Act on July 21, 201, respectively, after being sentenced to a suspended sentence of KRW 20,000 for a violation of the Road Traffic Act on February 13, 2017.

On October 30, 2017, the Defendant driven B SP car under the influence of alcohol concentration of about 0.069% without obtaining a driver's license from around 600 meters from the front of the public model cafeteria in the SPagle, which is located in the PPan-gun SPari, to the front of the public model of the PPagle in the PPari-si.

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 to investigation reports (referring to the previous summary order and attached sentence of the judgment);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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 for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. It is inevitable to punish the instant crime in that it has reached the instant crime, even though the instant crime was being suspended due to the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment.

However, the point of time and reflection of his crime, drinking value, driving distance, and the same kind of crime.

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