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(영문) 수원지방법원 2017.05.10 2016고단7685
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On November 1, 2007, the Defendant was sentenced to a suspended sentence of 8 months on the grounds of a violation of road traffic law (drinking) at the Suwon Flag Flag method, etc., and on November 5, 2009, the Defendant was sentenced to a suspended sentence of 2 years on the grounds of a violation of road traffic law in the same court. On January 13, 2016, the Defendant was sentenced to a suspended sentence of 9 million won on the grounds of a violation of road traffic law (drinking) at the same court.

Criminal facts

On December 2, 2016, 15:25, the Defendant driven a car with C low alcohol content of about 10km from the front side of the king-ri, the front side of the king-ri, the front side of the wife population, to the front side of the Sungsan Oil Station located in the same Samdong-dong, without a driver’s license, to a level of about 10km, while under the influence of alcohol content of 0.186% in blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating drinking driving, notification of the results of regulating drinking driving, the circumstantial report on the driver of drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, two copies of the judgment, and one summary of the order;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 1, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The Defendant has a record of having been punished several times for traffic crimes. - The Defendant committed the instant crime without any reflect or self-esteem despite having been punished for the same type of crime around January 2016. - The Defendant committed the instant crime without any reflect or self-esteem. - The Defendant’s blood alcohol concentration in the Defendant’s blood relative is considerably high. The favorable circumstances - the Defendant recognized all of the crimes. In full view of all the relevant sentencing conditions revealed in the above circumstances and the trial process, sentencing is ordered as ordered.

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