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(영문) 수원지방법원 2017.06.07 2016고단8272

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

On September 5, 2013, the accused is punished two times or more due to drinking by a person who has been sentenced to a fine of 4.5 million won or more due to a violation of road traffic law (drinking) at the Suwon Flag Flag on September 5, 2013, and a fine of 8 million won or more due to a violation of road traffic law (dacting) in the same court on September 7, 2016.

Punishment of the crime

around 22:30 on December 19, 2016, the Defendant driven Cexton car under the influence of alcohol concentration of about 4km from the section of approximately 0.088% to the front road of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Seoul Special Metropolitan City.

On March 26, 2017, the Defendant driven the Csch Rexton 2338 on March 26, 2017, without obtaining a driver's license, and the Csch Rexton 14-day road in the 144-day Sin Sung-nam Eup at the time of harmony to the end of the 16 kilometers away from the end of the 16-lane.

Summary of Evidence

1. The defendant's oral statement "2016 Highest 8272";

1. Giving notice of the circumstantial report on drivers of drinking alcohol and the results of crackdown on drinking alcohol driving "2017 Highest 2338";

1. "Prior record of judgment" of the driver's license ledger;

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and statutes;

1. Articles 148-2 (1) 1, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is unfavorable to the reason for sentencing (the favorable circumstances among the reasons for sentencing) - The defendant, even though he had the past record of having committed the same kind of crime several times and has been sentenced to a fine, again commits the crime without any reflectivity. - The driving of the instantless license, which was under trial due to driving of the instant drinking alcohol, has been committed while the Defendant was under trial. The favorable circumstances - the Defendant recognized all of the criminal facts. The Defendant was punished for more than twenty