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(영문) 수원지방법원 평택지원 2017.08.24 2017고단1459
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On April 15, 2008, the Defendant was sentenced to 7 months of imprisonment and 2 years of suspension of execution as a crime of violating the Road Traffic Act at the Suwon District Court on the grounds of a violation of the Road Traffic Act, and on the same support on December 21, 2011, the Defendant was sentenced to 10 months of imprisonment and 3 years of suspension of execution as a crime of violating the Road Traffic Act (driving). On March 22, 2017, the Defendant was sentenced to 1 year of imprisonment as a crime of violating the Road Traffic Act (driving), 2 years of suspended execution, and the said judgment became final and conclusive on March 30, 2017, and was issued a summary order of 3 million won of fine as a crime of violating the Road Traffic Act (licensed driving) at the same support on March 31, 2017.

[2] On June 3, 2017, the Defendant: (a) driven a motor vehicle with a blood alcohol concentration of approximately 0.055% from the 1km section of approximately 1km to the 30-lane of the 5-lane of the Sinsung-si, Scam-si; (b) around 12:28 on June 3, 2017, the Defendant driven a motor vehicle with a blood alcohol level of about 0.05% at around the 30-lane of the Sinsung-si, Scam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in the principal place and the ledger of suspect's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of judgment of 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. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the driving of drinking alcohol and driving without a license for driving without a license for the reason of sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity, which had been sentenced to five imprisonment and three fines since 200 years thereafter, the driving without a license for driving under the influence of alcohol and without a license for the same crime is again conducted during the suspension of the execution and the surveillance period

The drinking value is not high, the driving of a short distance at a low level, the liability to be changed and the family members to support are divided.

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