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(영문) 수원지방법원 2017.08.29 2017고단2916
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 January 16, 2009, the Defendant issued a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act (driving) at the source of a water source method on January 16, 200, and a fine of KRW 7 million on January 27, 2016 to a violation of the Road Traffic Act (driving) at the source of a water source method on January 27, 201 and received a summary order of KRW 7,00,000 from a fine on

On April 22, 2017, at around 00:59, the Defendant driven CK5 car with alcohol content of about 0.212% while under the influence of alcohol at a section of about 30 meters from the front of the Shacking Office, 55 Do-ro 19 Do-ro, Nam-nam Eup, Namnam-ro, e.g., the Republic of Korea, at the underground parking lot of approximately 30 meters, without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. The actual survey report and on-site photographs;

1. References to inquiries, such as criminal history, and reporting of the results of confirmation before and after each disposition;

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 Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

[The favorable circumstances] The Defendant, who led to the confession of each of the instant crimes, recognized his mistake, and there is no record of punishment exceeding the fine, and the Defendant.

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