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(영문) 수원지방법원 평택지원 2017.05.24 2017고단451
도로교통법위반(무면허운전)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

On September 21, 2009, the Defendant: (a) was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court on September 21, 2009; (b) was sentenced to a fine of five million won for the same crime at the same court on June 7, 2016; and (c) was driving a B K5 vehicle under the influence of alcohol concentration of about 0.134 percent in blood while under the influence of alcohol in the direction of approximately 401-4 percent from the front side of the “satisfin” in the front side of the “satisfin” in the front side of the death satfin in a promulgic acid, without a driver’s license, on February 23, 2017.

Summary of Evidence

1. Court of the accused;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Each photograph;

1. Previous conviction: Application of a reply to inquiry, investigation report (Attachment to the previous summary order) and Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment of imprisonment with prison labor for eight months, suspension of execution for two years, and suspension of execution for the reasons above the protective observation order, is highly likely to be criticized for the cases of causing traffic accidents due to the driving of a motor vehicle by the defendant who has been under a state of drinking or non-licenseing; the amount of this case's drinking is relatively high: The confession, reflectivity, and the fact that there is no record of crime exceeding the fine; and the fact that the defendant does not subsequently repeat the crime: The sentence is sentenced to imprisonment with prison labor for not less than two months;

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