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Reasons
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(영문) 의정부지방법원 2017.05.30 2017고단400
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 3, 2011, the Defendant is a person who has been punished at least twice for a violation of the Road Traffic Act (drinking driving) with a fine of KRW 2.5 million, and at the same court on September 19, 2016, the Defendant was sentenced to a fine of KRW 4 million due to the same crime, etc. and was sentenced to a fine of KRW 4 million at the same court.

[2] On November 6, 2016, the Defendant driven B L-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, and lifts in the license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

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

1. 보호 관찰, 사회봉사 및 수강명령 형법 제 62조의 2 양형의 이유 ㆍ 불리한 정상 : 음주 운전 전과 3회, 무면허 운전 전과 1회, 특정범죄 가중처벌 등에 관한 특례법위반( 도주차량) 집행유예 전과 및 교통사고처리 특례법위반 집행유예 전과 ㆍ 유리한 정상 : 이 사건 범행 경위 및 혈 중 알콜 농도 비교적 높지 않은 점( 피고인은 전날 마신 술이 다 깼다고

I think that he/she had been driving in the course of invasion, and that he/she had been prior to the suspension of execution of the Act on Special Cases Concerning the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles), reflectivity, and violation of the Act on Special Cases Concerning the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles), but he/she had been prior to the suspension of execution for about 27 years, but he/she had been prior to the 19 years ago.

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