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(영문) 수원지방법원 2017.07.05 2017고단1964
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 16, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and on May 10, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime.

[2] On February 22, 2017, the Defendant, without obtaining a driver’s license and without obtaining a driver’s license, driven an IK5 vehicle from the roads front of the middle school of the Sejong East East-dong, which was approximately KRW 1 km away from the modern rain or the road near the area in which the right of use is instigated at the Gyeonggi-gu, while under the influence of alcohol content 0.093%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

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

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

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 circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - The defendant has been punished several times for the same kind of crime. - The defendant has been punished for the same crime on three occasions from January 2016 to the day before the crime is committed in a short time by committing the same crime. - The defendant has committed a second-time crime without being informed of reflectness despite having been sentenced to imprisonment on January 2017. The sentence of imprisonment is inevitable for the correction of the defendant, and the sentence of imprisonment is inevitable for the correction of the defendant. - All favorable circumstances - the defendant recognizes all criminal facts - The defendant has no record of punishment except for the same crime. All of the sentencing conditions revealed in the trial process in each of the above circumstances.

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