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(영문) 수원지방법원 평택지원 2017.09.27 2017고단1710
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 suspended sentence of 8 months for a violation of the Road Traffic Act (drinking driving), due to a violation of the Road Traffic Act (drinking driving), in the support of the Suwon Frigwon on May 11, 2010, and a fine of 5 million won for the same crime, etc. from the Suwon Frigwon on February 7, 2013. On June 13, 2017, the defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (dimplicing driving) from the Suwon Frigwon on June 21, 2017, and is currently under suspended sentence.

[Criminal facts] On July 21, 2017, the Defendant driven a vehicle Ccoon without obtaining a driver’s license in the state of alcohol 0.109% from the blood alcohol level from around 1.5 kilometers to the front of the original phase, even though it is located in the same side as the mutual in front of the scar on the inside of the scar on the inside of the scar on the inside of the scar on the inside of the scam. 03:34 at around 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

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

1. The driver's license ledger;

1. Each photograph;

1. Previous convictions in judgment: References to inquiries, investigation reports (Attachment to the decisions concerned with suspension of execution), application of Acts and subordinate statutes to investigation reports (verification of previous records);

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 reasons for sentencing under Articles 53 and 55(1)3 (hereinafter referred to as the following favorable circumstances): The fact that the defendant, who has been sentenced to a suspended sentence of imprisonment due to the same kind of crime, was sentenced to a fine several times due to the crime of non-licensed driving, committed another crime of multiple times even though he was under the suspended sentence: The defendant's age, family relation, and circumstances leading to the crime, etc. is sentenced to imprisonment for not less than six months.

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