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(영문) 수원지방법원 2017.07.12 2017고단2462
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 May 18, 2015, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Suwon Flag Flag, and on December 16, 2015, the Defendant violated Article 44(1) of the Road Traffic Act at least twice by receiving a summary order of 6 million won by the same court as the same crime.

[Criminal facts] On April 4, 2017, the Defendant driven C-Scar car in the front and front of Masung-si while under the influence of alcohol content of 0.360% without a driver’s license for a motor vehicle on April 4, 2017.

Summary of Evidence

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: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

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 observation of protection and surveillance, unfavorable circumstances for sentencing under Article 62-2 of the Social Service Order Act - The Defendant has the record of being punished several times for the same offense. - The Defendant is concentrated on the same offense from around 2015. The favorable circumstances - the Defendant recognizes all the criminal facts. - The Defendant has no record of having been sentenced to a fine exceeding the fine so far. - The Defendant seems to have a high possibility of improvement and edification by taking account of all the kinds of sentencing conditions revealed in the trial process in each of the above circumstances. The sentence as ordered by the order is

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