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(영문) 수원지방법원 2017.06.21 2017고단1216
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 27, 2013, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon Flag method Board, and on October 12, 2016, a summary order of KRW 4 million with the same crime at the same court.

[2] On February 26, 2017, the Defendant driven a B-learning car under the influence of alcohol concentration of about 0.084% in blood without obtaining a driver’s license from the section of about 4.8 km in the same Gu from the Do in front of the restaurant to the front road of the 345-ro Do in the same Gu, from the Do in which the new earth and rocks, 101, G-si, G-si, G-si, G-si, G-si, G-si, G-si, G-si, G-si, G-si.

As a result, the defendant had been punished for drinking driving two times, but he again driven under drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place, the circumstantial report on the driver's license, and the driver's license register; and

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 (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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution ( favorable circumstances among the reasons for sentencing) - The defendant has already been punished for the same kind of crime several times. The defendant, despite having been punished for the same type of crime around October 2016, he/she committed a crime again for a half year since he/she was punished for the same type of crime, and there is no reflective appearance. The favorable circumstances - the defendant recognizes all the criminal facts. - The defendant has no record of being sentenced to the suspension of qualification or heavier punishment until now. - The defendant takes into account the blood alcohol concentration of the defendant's blood alcohol concentration.

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