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(영문) 수원지방법원 평택지원 2017.08.09 2017고단204
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

[2017 Highest 204] On June 30, 2010, the Defendant issued a summary order of KRW 3 million from the Suwon District Court to a fine of KRW 1,00,000,000 due to the same crime as a crime of violating road traffic laws (driving alcohol).

On December 12, 2016, around 21:35, the Defendant driven a Ctdon car with approximately 200 meters alcohol concentration of about 0.207 percent from the 200-meter section to the Ctdon road located on the 28-lane 12, Pyeong-ro, Pyeong-ro, Pyeong-ro, 12, Pyeong-ro, 12 in the same city to Stdon-ro, 78.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

[2017 Height 1138] On May 1, 2017, the Defendant driven a car of about 1km from the 1km section to the road front of the outdoor music day in the third 1135-9, Suwon-si, Suwon-si, Suwon-si, 1135-9, without obtaining a driver's license for a car around 21:00.

Summary of Evidence

[2017 Highest 204]

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the circumstances of the driver concerned, and a survey report on alcohol during blood;

1. Inquiry into criminal history [2017 Height 1138];

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and application of Acts and subordinate statutes to the license ledger;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. favorable circumstances: The fact that it is difficult to repeat again two times, such as that it seriously reflects the situation, that vehicle is scrapped, and that it is not possible to repeat again, and that there is no criminal history for the last six years, and that it is a drinking or non-licensed driving.

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