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(영문) 수원지방법원 2018.01.17 2017고단7342
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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 August 26, 2009, the Defendant: (a) was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving) in support of Sungnam-gu Friwon method; (b) on October 12, 2016, with a fine of KRW 5 million from Suwon Friwon method to a fine of KRW 2,00,000 for the same crime; (c) was in violation of Article 44(1) of the Road Traffic Act on at least two occasions; and (d) on September 13, 2017, the Defendant driving a truck under the influence of alcohol concentration of KRW 0.171% in blood without a driver’s license at approximately 25 km section from the restaurant near the restaurant where the trade name in the Dong-dong coal area is unknown at about 16:07 to the 45 km-dong, Youngdong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, with no driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Application of an inquiry letter, 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reason for sentencing) - The driving of drinking during the period of license suspension;

b. - The Defendant has the record of having been punished several times for the same crime. The favorable circumstances - the Defendant recognizes all criminal facts. The Defendant has no record of being sentenced to a fine so far. The sentence is imposed as ordered in consideration of all the kinds of sentencing conditions revealed in the trial process in the above circumstances.

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