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(영문) 수원지방법원 2017.08.23 2017고단3173
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 2, 2009, the Defendant was issued a summary order of 700,000 won of a fine for a violation of road traffic law in the Daegu District Court’s support on the road traffic law. On August 18, 2011, the Defendant was issued a summary order of 2.5 million won of a fine for the same crime, etc. from the Suwon District Court, and on April 26, 201, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of 5 million won of a fine from the Suwon District Court for the same crime, etc. on at least two occasions.

[Criminal facts] On May 15, 2017, the Defendant driven D Kaman Corpon in the south square parking lot located in the Dongan Culture Center in the same city as Dongan Culture Center in the state of 0.151% under the influence of alcohol without a vehicle driver’s license on May 15, 2017, from around 20 meters to the front of the Southern Spazon in the same city of 61, at the south Spazon culture center.

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: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The defendant has been punished several times for the same crime, and the defendant committed the crime of this case without being able to reflect, even though he was sentenced to a fine for the same kind of crime immediately before the crime. The favorable circumstances - the defendant recognized all the criminal facts.

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