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(영문) 수원지방법원 2017.06.21 2017고단1266
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 4, 2014, the Defendant was issued a summary order of a fine of KRW 9 million on the grounds of a violation of road traffic law (drinking driving) in support of the Sungnam branch of Suwon branch on August 4, 2014, and on December 2, 2015, the Defendant was issued a summary order of KRW 8 million on the grounds of a violation of road traffic law (drinking driving) at the Suwon branch of Suwon branch of the Republic of Korea on December 2, 2015, and was subject to punishment for drinking

Criminal facts

On February 7, 2017, the Defendant driven a Derc-type cruise car under the influence of alcohol content of about 0.135% while under the influence of alcohol at around 0.135%, without obtaining a driver’s license, from the “Korea-U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S

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. Previous convictions in judgment: 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 (the favorable circumstances for sentencing) - The defendant has the record of punishing several times for the same crime. - The favorable circumstances are relatively high in alcohol concentration among the blood of the defendant - the defendant recognized all the criminal facts. - The defendant has no record of being sentenced to suspension of qualifications or more until now. - The defendant has sold his/her vehicle used in the criminal act - The defendant is regularly treated as alcohol treatment and is trying to treat his/her alcohol dependence. All kinds of sentencing revealed in the trial process in each of the above circumstances.

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