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(영문) 수원지방법원 안산지원 2017.10.25 2017고단2377
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

[criminal history] On October 4, 2010, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (dacting driving) in the support of the Sugwon method, and on September 30, 2013, the Defendant received a summary order of KRW 2,00,000 as a fine for the same crime at the same court on September 30, 2013, and received a summary order of KRW 6 million as a fine in the same court on March 24, 2016.

[2] On August 2, 2017, the Defendant driven a B rocketing car without obtaining a driver’s license at a section of approximately 500 meters alcohol concentration in blood, from the land in the Bsyst and another car at around 22:03 to the road before the 2161 Water Resources Corporation’s shooting distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of a summary order of the same kind of force);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The reasons for sentencing under Article 62-2 of the Criminal Act, including refusal of measurement of drinking alcohol, are as follows: (a) in light of the fact that the defendant drives drinking again, even though he/she had the same record of driving at least four times, such as the defendant's non-license, the liability for the crime shall be taken into consideration; (b) the confession and reflect of the defendant; and (c) the defendant has no criminal record exceeding the fine; and (d) the defendant's age, sexual behavior, etc. shall be determined as ordered

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