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(영문) 수원지방법원 2017.09.13 2017고단3811
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

The Defendant received a summary order of KRW 4 million from February 12, 2014 to a fine of KRW 1,00,000,000,000,000,000 won for a violation of Road Traffic Act (driving) from the Suwon Friwon on February 12, 2014, and on May 11, 2017, the same court issued a summary order of KRW 4 million for the same crime.

[2] On June 9, 2017, the Defendant driven a vehicle CK3 car owned by the Defendant in the section of approximately one kilometer from the area near the Daesung-dong, Suwon-si, Suwon-si, which was under the influence of alcohol by 0.094% in the blood while under the influence of alcohol at around 00:53 on June 9, 2017.

On June 17, 2017, the Defendant, without obtaining a driver’s license, driven CK3 motor vehicles in the section of about 3 km from the Do in front of the 6th parallel road in Suwon-si, Suwon-si, Suwon-si, Suwon-si, about 12:38 on June 17, 2017.

Summary of Evidence

"2017 Highest 3811"

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and copies of the written judgment "208, 4208";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Traffic Act, Article 152 subparagraph 1, and Article 43 (the point of driving without Driver's License) concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in a crime of violation of the Road Traffic Act and a crime of violation of the Road Traffic Act (non-licenseed driving) on June 9, 2017, and a crime of violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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 stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act - The defendant has been punished several times for the same kind of crime, and the defendant is reappointed one month after the last punishment date.

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