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(영문) 수원지방법원 2017.05.16 2016고단7662
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

On September 17, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking driving), a summary order of KRW 2 million with the same court on February 29, 2016, and a summary order of KRW 8 million with the same crime in the same court on November 9, 2016, respectively.

On November 18, 2016, at around 21:57, the Defendant driven a car with C liquid alcohol while under the influence of alcohol of about 0.161% while under the influence of alcohol without obtaining a driver’s license from around 1.5km section of the agricultural and fishery product market, which is instigates the right of use in Suwon-si, Suwon-si, Suwon-si, to the blind-distance road in front of the agricultural and fishery product market.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on a previous conviction before disposition, and application of summary order-related 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

[The favorable circumstances] The defendant admitted his mistake while making a confession of each of the crimes of this case, and the defendant.

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