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(영문) 수원지방법원 안산지원 2017.12.20 2017고단3294
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【The Defendant was issued a summary order of KRW 5 million on December 24, 2007 by the Seoul Southern District Court for a violation of the Road Traffic Act, etc. On July 2, 2009, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving), etc. on July 2, 2009. On February 5, 2010, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving), etc. on the support in the support in the support in the development in the Sugwon Giwon Giwon Giwon Liwon Liwon Liba). On November 30, 2010, the Defendant was sentenced to a suspended sentence of 6-month imprisonment with prison labor for a violation of the Road Traffic Act (driving). On January 13, 2017, the Defendant was sentenced to a suspended sentence of 6-month imprisonment with prison labor for a violation of the Road Traffic Act (license without permission).

【Criminal Fact-finding on September 8, 2017, the Defendant: (a) driven a car with C stife without obtaining a driver’s license in the state of alcohol concentration of about 0.242% from the front day of the Grand apartment site located in the Dong-ro, Dong-ro, 1076 to the front day of the 706nd day of Sigung-dong, Choung-dong, Sigung-do; (b) the summary of the evidence that the Defendant driven a car with C stife without obtaining a driver’s license

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of drivers working at the State and data about driver's license;

1. Data to capture CCTV images for crime prevention;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. The grounds for the sentencing of selective sentence of imprisonment with prison labor are as follows, taking full account of the following circumstances, including the Defendant’s age, sex, career, home environment, motive and means of the crime, and circumstances that are the conditions for sentencing as shown in the argument of the instant case after the crime is committed, and the sentence is determined as ordered.

[Unfavorable circumstances] The defendant has a record of being punished several times for the same kind of crime.

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