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(영문) 수원지방법원 안양지원 2017.07.07 2017고단662
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 24, 2014, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (drinking driving), on April 13, 2010, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (drinking act) and a violation of the Road Traffic Act (drinking act) at the Seoul Western District Court. On April 17, 2008, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (dacting act) at the Busan District Court, which was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act (dacting act) at the Busan District Court on June 18, 2007.

[2] On March 29, 2017, the Defendant, without obtaining a driver’s license, driven Bwork-free car from about 4 km to the front day of the Anyang-si Sports Complex in the direction of alcohol content 0.084% under the influence of alcohol during blood at around 00:45 on March 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

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

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 (the previous 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. 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. Protection and observation, the reason for sentencing under Article 62-2 of the Criminal Act - The reasons for sentencing under Article 62-2 of the Social Service Order: majority of previous convictions, - favorable circumstances: the defendant appears to reflect when he/she recognizes a crime;

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