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(영문) 수원지방법원 여주지원 2017.03.24 2016고단1484
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 11, 2002, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on September 11, 2002, a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam support of the Suwon branch court on October 8, 2008, and on February 9, 2015, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) was issued, respectively.

On December 2, 2016, the Defendant, while under the influence of alcohol 0.112% during blood transfusions, driven a e-sports freight vehicle C in the section of approximately 300 meters from the day before the collection of the frequency near the office of tax office located in Echeon-si, Echeon-si, without obtaining a driver’s license, and driving a e-sports freight vehicle at the section of approximately 119 meters prior to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of driving at home, and report of the circumstances of driving at home;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) ;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on the observation of protection and observation is at least two times the Defendant was punished for driving under drinking, and the offense is not good in that he/she was engaged in driving under drinking and driving without a license even though he/she was issued a summary order on October 26, 2016 after the driver’s license was revoked, and there is a high concern about recidivism.

However, there is no previous conviction for the defendant to commit the same crime, and the defendant disposes of the owned vehicle and future difference.

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