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(영문) 수원지방법원 안산지원 2015.04.28 2014고단2346

부정수표단속법위반등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From May 26, 2003, the Defendant violated the Illegal Check Control Act entered into a household check contract with the new bank's central distribution complex branch and the Defendant's name and traded checks.

around March 20, 2014, the Defendant issued a check number “E”, check amount “5,00,000,000”, and issuance date “the foregoing bank bank check under the name of the Defendant,” which was named as “E”, “5,000,000,00” at D offices operated by the Defendant, which was located in Guro-gu Seoul Metropolitan Government C Building Multi-dong 3410, and issued a check on July 24, 2014, when the holder of the check presented the check to pay the check to the above bank on July 2, 2014, which was within the time limit for presentment for payment, but did not receive the check as a suspension of transaction, and presented it within the time limit for payment.

2. Around 01:00 on August 27, 2014, the Defendant driven a F deemed-type car under the influence of alcohol content of about 0.110% from a section of about 500 meters to the road in front of the Han River Station located in Ansan-si 17-3, an Ansan-si, an area of the Han River basin, which was located in the 17-3 area in Ansan-si, the same title of which was located.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing requests for appraisal, such as a summary of the accusation (number 1, 3, 5, 7, 7, 9, 11), a copy of the household check (number 2, 4, 6, 8, 10, 12), and a summary of the family check;

1. Relevant provisions of the Act on the Control of Illegal Check which enables the Election of Criminal Offenders, Article 2 (2) and (1) of the Act on the Control of Illegal Check which enables the Election of Criminal Offenders, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The face value of the non-paid check is the sum of KRW 30,000,000, and a criminal record for drunk driving is the same.