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(영문) 수원지방법원 2017.08.23 2017고단2915
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2015, the Defendant received a summary order of a fine of KRW 4 million for a violation of road traffic law in support of the Sungnam-gu Friwon, and on March 29, 2017, the Defendant received a summary order of KRW 2.5 million for a violation of road traffic law (driving) in the same court.

On May 2, 2017, the Defendant was under the influence of a driver’s license on around 22:28, and even when the validity of a driver’s license was suspended, the Defendant driven B-A-D vehicle from the front of the cU convenience store located in approximately one kilometer 34 kilometers away from the front of the cU convenience store in the cU convenience store located in approximately one kilometer 34 meters away from the cU convenience store in the cU convenience store in the same Gu.

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. Application of an inquiry letter, such as criminal history, and a copy of each summary order;

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. Selection of imprisonment with prison labor chosen;

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. Suspension of execution under Article 62(1) of the Criminal Act - Circumstances unfavorable to the reasons for sentencing (a favorable condition for sentencing) - The punishment of identical crimes has the record of criminal punishment, and even if a fine has been imposed upon him/her for a period of two months prior to the crime of this case, he/she committed the crime of this case, which was committed again without any reflectivity. The favorable circumstances - the Defendant recognized all criminal facts. - The Defendant has no record of having been sentenced to a fine until now. - The circumstances that the Defendant’s blood alcohol concentration was not high at the time of the control of this case are revealed in the trial process in each of the above circumstances.

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