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(영문) 수원지방법원 평택지원 2017.06.29 2017고단324
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On June 26, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag on October 10, 2016.

[2] On November 22, 2016, the Defendant driven a BS-type car without obtaining a driver’s license in the state of alcohol leveling approximately 0.073 percent of alcohol level from around 200 meters to around the 92-ro B-type Cheongju apartment complex located in Pyeongtaek-si, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Pyeong-ro 92, Chungcheongnam-si, Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, and 336-ro, Pyeongtaek-si, Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the ledger of use of the measuring instruments for drinking, and a report on detection of the driver;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- Even though there have been a history of punishment for the same kind of crime, and again, each of the crimes of this case has been committed: Provided, That the defendant has no record of criminal punishment exceeding a fine due to the same kind of crime; - The defendant is against his own mistake.

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