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(영문) 수원지방법원 2018.09.06 2018고단3608
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On May 13, 2010, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on September 6, 2017, the Defendant received a summary order of five million won as a fine by the same court.

Defendant, as seen above, was a person who violated the Road Traffic Act not less than twice due to drinking, and operated C S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, statement of the circumstances of the driver of drinking, and report of the circumstances of driving of drinking;

1. Report on the circumstances of driving without a license;

1. The register of teas and driver's licenses;

1. Previous convictions in judgment: Inquiry into foreign crimes and investigative career data (A) and application of Acts and subordinate statutes (Attachment to the same type of judgment, etc.);

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. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Circumstances unfavorable to the defendant due to the reasons for sentencing under Article 62(1) of the Criminal Act (recognating the reason for reducing the amount of punishment): The circumstances favorable to the defendant are identical to and twice. The circumstances favorable to the defendant are recognized and reflected, and there is no dependent, such as minor children. A person who has been subject to suspended sentence shall be subject to the conditions for sentencing prescribed in Article 51 of the Criminal Act;

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