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(영문) 수원지방법원 2017.07.18 2017고단3177

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

[criminal history] On October 22, 2009, the Defendant was sentenced to a fine of KRW 5 million on the grounds of a violation of road traffic law at the Suwon Flag Flag method, and was issued a summary order of KRW 4 million by the same court on January 13, 2016.

[2] On April 27, 2017, the Defendant, while under the influence of alcohol at around 23:05, operated an unregistered 50cc motor bicycle device without obtaining a bicycle driver’s license from the front of the MG Saemaul Saemaul Undong in Suwon-si, Suwon-si, which is located in Suwon-si, to the front of the 253-ro 200 meters-ro, to the front of the 200-ro 200-ro, without obtaining a bicycle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. On-site photographs;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

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

1. Selection of each sentence of imprisonment;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the scope of the term of punishment plus the long-term punishment for each crime);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is deeply divided into and reflected in the crime of this case.

The defendant seems to have operated a motor bicycle to collect the wave while suffering from economic difficulties.

There is no criminal punishment against the defendant exceeding the fine.