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(영문) 수원지방법원 2017.07.04 2017고단2470

도로교통법위반(음주운전)등

Text

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 September 7, 2007, the Defendant issued a summary order of KRW 2 million to a fine of KRW 1 million for a violation of the Road Traffic Act (drinking driving), on June 16, 2008, a summary order of KRW 3 million for a violation of the Road Traffic Act at the Jung-gu District Court on June 16, 2008, and on December 17, 2014, a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (drinking driving) at the Suwon Friwon. < Amended by Act No. 12834, Dec. 17, 2014>

On April 3, 2017, at around 23:24, the Defendant, without a driver’s license, driven a motor vehicle from the 5km section B at approximately 5km away from the divers of the naval fluent fluent fluent fluent fluor, which is located in the area where the waterline is handed over at least 0.10% of alcohol in blood while under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol among bloods;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

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 punishment as ordered shall be determined.

[ favorable circumstances] The defendant's confession of each of the crimes of this case and recognized his mistake, and the defendant's blood alcohol concentration is not high.