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(영문) 수원지방법원 여주지원 2017.09.29 2017고단1070
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2012, the Defendant was issued a summary order of KRW 5 million as a fine for a violation of road traffic law (drinking driving) in the support of drinking water sources and KRW 4 million as a fine for the same crime in the same court on February 7, 2017.

On November 22:40, 2017, the Defendant driven a B-learning car without obtaining a driver's license from the front side of the CU convenience store located in Sejong-ro 390 to the front side of the doju-ro 58-12, both of which are under the influence of alcohol concentration of about 5.2 km, from around 5.2 km to the lower side of the doju-ro 58-12.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of the previous summary order);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reasoning for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence shall be determined as ordered in consideration of the overall sentencing conditions under Article 51 of the Criminal Act, such as the fact that the defendant was convicted of and reflects in depth on his/her criminal act, drinking volume, driving distance, the defendant's age, sexual conduct, environment, and the number and degree

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