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(영문) 수원지방법원 안양지원 2017.02.09 2016고단2047
도로교통법위반(무면허운전)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

On June 18, 2010, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving in drinking), a summary order of KRW 4 million for the same crime in the same court on February 4, 2015, and a summary order of KRW 5 million for the same crime in the same court on October 19, 2016, respectively.

around 00:50 on October 28, 2016, the Defendant, as the former citizen, driven a B-hand car with alcohol content of 0.113% while under the influence of alcohol without obtaining a driver’s license from about 1km section from the front day of the 235 Ansan Viewing road to the front day of the 1km Samsung Apartment apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Report on the circumstances of driving without a license;

1. A driver's license inquiry;

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and the text of the judgment attached thereto;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, and the age, sex, criminal conduct, family relationship, home environment, motive and means of a crime, and the circumstances after a crime, etc., shall be determined as per the order, taking into account the following circumstances into consideration:

Unfavorable circumstances: The defendant has already been issued a summary order three times due to the violation of the Road Traffic Act; the circumstances that the defendant led to the confession of each of the crimes of this case and reflects the defendant; there is a family member to support the defendant; and the defendant is making efforts to treat alcohol after the symptoms of alcohol.

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