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(영문) 수원지방법원 성남지원 2017.06.14 2017고단465
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 August 10, 207, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of road traffic law at the Daejeon District Court on August 10, 2007; on April 29, 2013, a summary order of KRW 1,00,000 as a fine for the same crime at the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of the Republic of Korea on April 29, 2013; and on August 28, 2013, the Defendant was sentenced to a fine of KRW 5 million as a fine for the same crime at the same court.

[2] On February 25, 2017, the Defendant driving a B-type cargo vehicle under the influence of alcohol content of about 300 meters from a factory in the trade name in the Seocho-gu Eup in Gwangju-si to the rigular rig of the same Eup/Myeon on February 25, 2017.

On April 13, 2017, the Defendant, without a driver’s license, driven B Poter in the section of about 3 km from the front side of the literature-type agricultural cooperative located in the Mapo-si in the Mapo-si in Gwangju Metropolitan City without a driver’s license on April 13, 2017 to the front road of the typhoon resources located in the Mapo-si in the Mapo-si in Gwangju Metropolitan City to the 88-distance Mapo-si.

Summary of Evidence

"2017 Highest 465"

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions in judgment: (A), two copies of a written reply to inquiry, such as criminal history, and one copy of a summary order, and one copy of the judgment “2017 Highest 958”;

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

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. 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. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Prosecutor’s opinion - Imprisonment with prison labor for a year and six months;

2. Determination - Imprisonment shall be selected, taking into account the following factors: 10 months of imprisonment; 2 years of probation, the Defendant’s history of drinking alcohol driving and drinking driving on a half of the month;

except that confessions and reflects;

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