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(영문) 수원지방법원 안양지원 2017.10.17 2017고단1504
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

[criminal history] On June 19, 2009, the Defendant received a summary order of a fine of three million won or more due to a violation of the Road Traffic Act from the Suwon Flag Flag on the ground of a violation of the Road Traffic Act, and on October 27, 2016, the Defendant received a summary order of a fine of five million won or more due to a violation of the Road Traffic Act (toxicly Driving) in the support for the development of Flag method.

[Criminal facts] On August 3, 2017, the Defendant driven a vehicle B column B without a driver’s license in the state of under the influence of alcohol of about 500 meters from the Do in front of the Samsi-dong, Samsi-dong, Samsi-si, Samsi-dong, to the front road of the Guangdo-dong, Do for about 0.093% of the blood, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to summary orders);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act – Reasons for sentencing under Article 62-2 of the Order to Attend Course - The fact that the defendant admits his/her mistake, and the alcohol content in blood is not relatively high - Unfavorable circumstances: The fact that the defendant has a history of being punished for the same crime as the previous conviction in his

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