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(영문) 수원지방법원 성남지원 2017.08.23 2017고단1453
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2017, at around 23:10, the Defendant driven a BSpo-type car from the front line of “ri-L-LB” road located as the Gyeong-si Gyeong-si Gyeong-si Gyeong-si Gyeong-si Gyeong-si Gyeong-si, without a driver’s license on June 2, 2017, to approximately 35 meters from the front line of “ri-L-L-B” road located as the Gyeong-si Gyeong-si Gyeong-si Gyeong-si Do, to

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition, a statement on the circumstances of a driver driving, and a notification of the results of regulating drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Prosecutor’s opinion - Eight months of imprisonment and two years of suspended execution;

2. Determination - Four months of imprisonment and one year of suspended sentence were punished by the Defendant for driving without a license, and is relatively old, but the Defendant has the ability to drive without a license, so he/she will choose imprisonment.

However, the amount of punishment shall be reduced by taking into account the favorable circumstances in which the confession was made and there is no past record of the suspension of execution or more, and the punishment shall be determined by taking into account the following factors: the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the various sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments, such as the circumstances after the

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