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(영문) 수원지방법원 2018.05.09 2017고단6777
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic law at the Suwon Flag method on May 18, 2015, and a fine of KRW 6 million for the same crime at the same court on December 16 of the same year, respectively, and on July 12, 2017, the same court was sentenced to a suspended sentence of two years, probation observation, and community service for 80 hours for the same crime, and the judgment was finalized on July 20 of the same month.

[2] On October 17, 2017, the Defendant driven a c-cap vehicle under the influence of alcohol concentration of about 0.157% during the blood without a driver’s license at approximately 2km section from the original room located in the 21st of the Yancheon-ro, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal records against the suspect) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the grounds for sentencing as set forth below) of the Act on the Reduction of Small Amount of Punishment [the scope of sentencing] ] The term 6 months to 6 months to 1 year and 6 months / [decision of sentencing] as set forth below, and other conditions of sentencing as set forth in the records, such as the Defendant’s age, sex and behavior, environment, motive for and circumstances after the commission of the crime, etc., shall be determined as set forth in the order.

The favorable circumstances: the defendant shows a strong attitude to reflect on the defendant, and in the future, they are again committing these crimes.

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