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(영문) 수원지방법원 2017.11.22 2017고단4527
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

【The Defendant issued a summary order of KRW 3 million on April 20, 2015 to a fine of KRW 5 million on the ground of a violation of road traffic law at the Suwon Friwon method, and issued a summary order of KRW 5 million on April 2, 2017 at the same court with the same offense, etc.

【Defendant Inasmuch as the above-mentioned history of having been punished as a crime of violating the Road Traffic Act (driving) was two or more times, Defendant 1 driven a BEN car at the section of approximately 4.5 km from the Ab new Franc parking lot located in Suwon-ro 85, Suwon-si, Suwon-si, without obtaining a driver’s license, in the state of alcohol concentration of 0.102% in blood around June 15, 2017, from around 23:5 to the parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at home, and the driver's license register;

1. References to inquiries, such as criminal history, and application of summary order statutes;

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 (the favorable circumstances among the reasons for sentencing) - The defendant has been subject to punishment several times for the same kind of crime. - The defendant is concentratedly committing the same crime since 2015. The favorable circumstances - the defendant is fully aware of all the criminal facts. - The defendant was sentenced to a fine by putting the same kind of crime in 2015 and 2017, one time after 2000. It is difficult to readily conclude the possibility of recidivism by the defendant. The above circumstances are revealed in the trial process.

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