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(영문) 수원지방법원 2017.07.05 2017고단202

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

[2] On February 6, 2009, the Defendant issued a summary order of KRW 2 million to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (driving in drinking), a summary order of KRW 3.5 million for the same crime in the same court on March 27, 2013, and a summary order of KRW 8 million for the same crime in the same court on October 12, 2016.

[2] Around 01:50 on December 9, 2016, the Defendant driven a FIstren car under the influence of alcohol concentration of about 0.115% without obtaining a driver’s license from approximately 3km section from the 3km in the front side of the Dobong-gu Seoul Fastro to the 64rd side of the Yaguon Eup in the Yandong-gu in the case of emulgion, the Defendant driven a FIstren car under the influence of alcohol concentration of about 0.15%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the G production;

1. The survey report on actual condition, on-site photographs, the circumstantial report on the driver's license of the vehicle and the ledger of driver's licenses of the vehicle;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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. Selection of imprisonment with prison labor chosen;

1. Suspension of the execution of sentence under Article 62(1) of the Criminal Act (the favorable circumstances in light of the reasons for sentencing) is identical - having committed a criminal offense unfavorable to the reason for sentencing. The favorable circumstances - The Defendant recognized all criminal facts. The Defendant has no record of having been sentenced to a fine so far. - The Defendant is able to prevent re-offending by treating alcohol addiction. The sentencing is ordered as ordered in consideration of the overall conditions of sentencing revealed in the trial process.