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(영문) 수원지방법원 2017.10.25 2017고단5475
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 14, 2006, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong branch on December 14, 2006, and on May 30, 2017, the Defendant received a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul District Court's Seoul District Court's Central District Court's order of 1.5

On July 26, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle on July 26, 2017, driven a cub car in B over approximately 300 meters from the front day of the Paris Gebrate to the front road of the same cubic Republic of Korea, in the state of under the influence of alcohol content of 0.188%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving in driving, details of disposition of suspension of driver's license, and the ledger of driver's licenses;

1. Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution ( favorable circumstances among the reasons for sentencing) - The defendant, who is disadvantageous to the reason for sentencing, is not guilty of the quality of the crime by driving under the influence of alcohol without a license. - The defendant has the past record of having been punished several times for the same crime. In particular, the defendant committed a second offense even when he was sentenced to a fine by committing the same kind of crime on May 2017. - The defendant’s blood alcohol concentration is high. - The favorable normal defendant recognized all criminal facts - the defendant has no record of having been sentenced to a fine exceeding the fine until now. All the conditions of sentencing revealed in the trial process in each of the above circumstances.

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