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(영문) 수원지방법원 2017.07.12 2017고단2409
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On March 7, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Suwon Franchising Station on March 7, 2012; on February 20, 2013, the same court issued a summary order of KRW 2 million for the same crime; on January 11, 2017, the Defendant was sentenced to imprisonment with prison labor for the same crime at the same court; and the judgment was issued for 6 months and 2 years of suspension of execution.

1. It was finalized on 19.

[2] On April 2, 2017, the Defendant driven a B rocketing car under the influence of alcohol level of about 0.094 percent during blood without obtaining a driver’s license from the front of the strike market in 1083, as the border water in Suwon-gu, Suwon-si, Suwon-si, and at night, located in 2183, Seoro-ro, 2183, from the front of the strike market in 1083 to the front of the dry field shooting distance.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry letter of driver's license, a statement on the circumstances of the driver's license, and a control site photograph;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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. The circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (a favorable condition for sentencing) of the Act on Reduction of Small Quantity - The defendant recognized all the criminal facts and is in profoundly against the defendant. The unfavorable circumstances - The defendant has a history of having been punished several times for the same kind of crime. The defendant committed a second offense without any reflectorness even though he was under the current period of suspension of execution after having been sentenced to imprisonment on January 2017. - After drinking, the defendant committed a second offense without any reflectority. - The possibility of the occurrence of a traffic accident leaving a motor vehicle out of the road after drinking was high. The above circumstances revealed in the trial process.

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