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(영문) 수원지방법원 2017.10.17 2017고단4791
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant issued a summary order of a fine of one million won for a violation of road traffic laws at the Seosan Branch of the Daejeon District Court on December 2, 201, on February 22, 2016, a summary order of a fine of 1.5 million won for a violation of road traffic laws (driving) at the Seosan Branch of the Daejeon District Court on February 22, 2016, respectively. On March 15, 2017, the Defendant was sentenced to a suspended sentence of two or more times for a violation of road traffic laws at the Seoul District Court on March 15, 201.

On July 17, 2017, the Defendant driven CK5 vehicle under the influence of alcohol content of 0.154% while under the influence of alcohol without obtaining a driver’s license from the section of approximately 19km from the front of the inf restaurant, which was at the time of around 05:03, to the river of Suwon-si, Suwon-si, Suwon-si, to the 24rd road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Photographs at the time of crackdown;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the investigation report (the confirmation 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of 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. Each of the crimes of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances examined in the second sentence) of the Act on Reduction of Small Quantity, even though the defendant had been punished twice or more due to driving of alcohol, is a vehicle driving without a driver's license, and its nature is not good, the defendant's blood alcohol concentration is relatively high, and the defendant has been punished three times due to the same kind of traffic crime of violation of the Road Traffic Act. In particular, the defendant has been punished three times due to the same kind of traffic crime of violation of the Road Traffic Act.

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