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(영문) 수원지방법원 2017.09.19 2017고단4947
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

[criminal history] On February 2, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of road traffic law at the Suwon Flag Flag Flag, and on January 20, 2017, the Defendant was issued a summary order of KRW 1.5 million for the same crime, including the issuance of a summary order of KRW 1.5 million for the same crime at the Suwon Flag Flag Flag.

[Criminal facts] On July 11, 2017, the Defendant driven a motor vehicle with 7 km B App-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

As a result, the defendant, who has been punished not less than twice due to drinking driving, once again driven a drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, the driver's license ledger, and making an inquiry into the vehicle register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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 suspended execution;

1. Circumstances favorable to the accused for sentencing of Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Courses are as follows:

The defendant is divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

At the time of the instant crime, the Defendant’s primary exploitation was not much serious.

There is no record of criminal punishment exceeding the fine against the defendant.

Circumstances unfavorable to the defendant are as follows:

The defendant was sentenced to a three-time fine due to drinking driving, including the previous criminal records written in the judgment of the defendant, and on January 1, 2017.

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