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(영문) 수원지방법원 성남지원 2017.08.16 2017고단1401
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking on March 29, 2013), on November 17, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (drinking refusal to measure drinking), and is currently under suspension of the execution, which became final and conclusive on November 25, 2015 and conclusive on November 25, 2015.

[2] On April 29, 2017, the Defendant driven a F Ttiball car without obtaining a driver’s license from around 200 meters away from the road front of the Sung-dong branch of Sungnam-si, Sungnam-si, to the front road of the Frop apartment in the same Dong from around 100 meters to the front road of the Frop apartment in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions: Inquiry into criminal history, investigation report (the confirmation report of the suspect's previous convictions and the date of confirmation of the judgment), and application of the text of the judgment;

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

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

1. The punishment shall be determined as per the disposition, taking into account the favorable circumstances, such as the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., as well as the fact that the defendant's punishment was imposed for a violation of the Road Traffic Act due to the driving of alcohol and the refusal of drinking alcohol measurement, the alcohol concentration among the blood of this case is considerably high, the recidivism during the suspension of execution period is at a disadvantage, and the recidivism during the suspension of execution period is at a disadvantage.

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