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(영문) 수원지방법원 2017.09.06 2017고단3422
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

[Power of crime] On January 31, 2008, the Defendant was issued a summary order of KRW 3.5 million at the Seoul Western District Court on the grounds of a crime of violation of the Road Traffic Act and a violation of the Road Traffic Act (licenseless Driving). On March 15, 2017, the Defendant was issued a summary order of KRW 2 million at the Suwon District Court on the ground of a crime of violation of the Road Traffic Act (driving Driving).

[Criminal facts] On May 16, 2017, the Defendant driven a B Malaysia car over about 10km from the front of the Gungp University located in the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the lower end of the 981 Sinpo-si, Suwon-si, Suwon-si, without obtaining a driver’s license for a motor vehicle on May 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at home, and the driver's license register;

1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The Defendant has been punished several times for the same crime, and the Defendant committed the instant crime without being able to reflect, even though he was sentenced to a fine for the same kind of crime immediately before the instant crime. - The Defendant’s blood alcohol concentration is high - the favorable circumstances - the Defendant is recognized both of the criminal facts. - The Defendant has no record of being sentenced to a fine until now. The sentence is ordered in consideration of all the kinds of sentencing conditions revealed in the trial process.

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