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(영문) 수원지방법원 2017.05.23 2017고단594
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] On November 13, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Suwon Flag, and on October 7, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

[2] On January 19, 2017, the Defendant again driven a motor vehicle with alcohol level of 0.084% while under the influence of alcohol level of 0.084% in blood, without obtaining a driver’s license on January 19, 2017, even though he/she was punished for drinking two times or more by driving a motor vehicle at approximately 500 meters from the 7-4 meters away from the front of the gular bridge in Seoul, Seoul, Food, and Rural District, to the 17-4-hon road in the same Eup/Myeon where he/she is under the influence of alcohol level of 0.084%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, and inquiry into the ledger, register, register, and mandatory insurance of motor vehicles;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history in the same paper) statute;

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. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

At the time of the crime of this case, there is no emphasis on the driving of the vehicle by the defendant, and the distance of the vehicle by the defendant is not the way.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

The defendant has a record of being punished by a fine twice due to drinking, as stated in the record of the crime.

In 2015, the defendant was sentenced to a fine of KRW 1.5 million due to driving without a driver's license and was sentenced to criminal punishment on several occasions due to driving without a driver's license.

In particular, the Defendant.

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