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(영문) 수원지방법원 2018.02.07 2017고단6887
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2016, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and a summary order of KRW 2.5 million for the same crime at the Seoul Southern District Court on February 26, 2016, respectively.

On October 18, 2017, the Defendant driven a Category C motor vehicle under the influence of alcohol content of about 0.160% in blood while under the influence of alcohol content of about 0.160% from the roads near the 69-ro, Suwon-gu, Suwon-si, Suwon-si, Suwon-si to the roads near the 69-69-6th day of the same Gu, and without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. The driver's license register, such as a statement report on the situation of the driver who takes driving, a alcohol measurement photograph;

1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;

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. 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 consideration of favorable circumstances among the grounds for sentencing);

1. Suspension of the execution of sentence Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing) - The reason for sentencing that is unfavorable to the reasons for sentencing - The defendant has been driving under the influence of alcohol without a license. The defendant has the past record of having been punished several times for the same crime, and the period of punishment is also concentrated twice in 2016. - The defendant’s blood alcohol concentration is high - the favorable circumstances - the defendant recognizes all the criminal facts. - The defendant has no past record of being sentenced to a fine until now. - The defendant has no record of being sentenced to a fine until now. The amount of the principal crime, such as the distance of the defendant’s operation, should be considered.

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