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(영문) 수원지방법원 성남지원 2017.08.17 2017고단1336
도로교통법위반(음주운전)등
Text

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

[criminal history] On December 18, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law at the Daejeon District Court, and on November 7, 2008, issued a summary order of KRW 1,50,000 as a same crime by the same court, and on December 29, 2014, issued a summary order of KRW 7,00,000 as a fine for a violation of road traffic law at the Seocheon Branch of the Daejeon District Court.

[ 범죄사실] 피고인은 2017. 4. 27. 22:50 경 충청남도 아산시 탕정면 명암리에 있는 트라 팰리스 아파트 부근 식당 앞 도로에서부터 같은 리에 있는 삼성고등학교 앞 도로에 이르기까지 약 500m 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.213% 의 술에 취한 상태로 B 카니발 승합차를 운전하였다.

As a result, the Defendant again driven a motor vehicle without a driver's license under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act is repeated, but considering that the criminal defendant is against himself/herself, and has

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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