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(영문) 수원지방법원 2017.10.24 2017고단1377
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. “A person who, on October 31, 2012, issued a summary order of KRW 4 million to a fine of KRW 1,00,000 on the ground of a violation of Road Traffic Act at the source of a water source method on October 31, 2012; and on January 19, 2017, the same court issued a summary order of KRW 4,00,000 as a fine for the same crime, respectively.

On January 25, 2017, the Defendant driven a DNA car with alcohol content of about 0.120% while under the influence of alcohol in a section of about 20 meters in the parking lot for the C convalescent Hospital, which is located in the wife B, Young-si on January 25, 2017.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

2. On May 12, 2017, the Defendant: (a) around 09:3, on May 12, 2017, the Defendant driven a DNA car without obtaining a driver’s license from around about 1km from the later side of the Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si to Gi-si, Gi-si, Gi-si, Gi-si.

Summary of Evidence

"2017 Highest 1377"

1. Statement by the defendant in court;

1. Consent letter of blood collection and response to a request for appraisal;

1. A report on the detection of a primary driver;

1. A traffic accident report (1) and on-site photographs;

1. References to inquiries, such as criminal history, and investigation reports (former records of the same type of crime) 3599 ";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of two crimes specified for a crime of violating the Road Traffic Act with heavy punishment];

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. The reasons for sentencing of Article 62(1) of the Criminal Act (recognating favorable circumstances) are as follows.

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