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(영문) 수원지방법원 2017.11.15 2017고단6129

도로교통법위반(음주운전)등

Text

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

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

Punishment of the crime

On June 17, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking driving) in support of Sungnam-gu Friwon method, and on September 6, 2017, issued a summary order of KRW 3,00,000 as a fine for the same crime from the Suwon Friwon method.

On August 20, 2017, at around 04:30, the Defendant driven a B-low-income car without obtaining a driver’s license in a section of about 700 meters from the 101 Sinporo Doro 101 to the front road of the ebbbro Do, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, alcohol appraisal records, reports on detection of drivers of main drivers, details of disposition of suspension of driver's license, and the register of driver's licenses;

1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Suspension of the execution of sentence Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing) - Circumstances unfavorable to the reasons for sentencing - The defendant is not good to commit a crime that has been driven under influence of alcohol without a license. - The defendant has been punished several times for the same kind of crime, and in 2017, has already been punished several times for the same crime, and the defendant has already committed a second offense in the investigation trial during the same kind of crime. favorable circumstances - the defendant recognizes all the criminal facts. - Taking into account the fact that the defendant’s blood alcohol concentration in the Defendant’s blood is in the district of punishment with the lowest degree of alcohol concentration. The defendant has no history of having been sentenced to a fine until now. The sentence should be imposed as ordered by taking into account