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(영문) 수원지방법원 2017.10.31 2017고단5566

도로교통법위반(음주운전)등

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

On April 20, 201, the Defendant was sentenced to a summary order of KRW 1 million for the crime of violating the Road Traffic Act (drinking driving), the summary order of KRW 4 million for the same crime on November 15, 201, and the summary order of KRW 7 million for the same crime on September 23, 2015, and the summary order of KRW 7 million for the same crime on September 23, 201, by receiving a penalty of KRW 7 million for driving under drinking at least twice.

On July 21, 2017, the Defendant driven B rocketing vehicles under the influence of alcohol content of 0.141% in alcohol without obtaining a driver’s license from approximately 1.7km from the 1822-5 mobile distance to the 1673 administrative distance from the Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the 1673 mobile distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. A driver's license inquiry;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the investigation report (the confirmation of previous records);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The defendant admitted his mistake while making a confession of each of the crimes of this case, and the defendant was involved in a traffic accident.