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(영문) 수원지방법원 2017.10.31 2017고단5131
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Criminal facts

[criminal history] On September 15, 2006, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act from the Suwon Flag Flag method Board, and a summary order of KRW 5 million for the same crime in the same court on March 29, 2017, respectively.

[2] On July 20, 2017, the Defendant driven a Bk7 car under the influence of alcohol level of 0.086% while under the influence of alcohol level of 0.086%, without obtaining a driver’s license, from the long distance from the Young-gu Office in Young-gu, Young-gu, Young-si, Young-si, Young-si to the front road of the third apartment of Samsung Samsung 3, located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the circumstances of the driver's license, driver's license, chassis, mandatory insurance, and the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act), including the following: (a) the Defendant has a depth of, and reflects against, the instant crime; (b) the degree of commission at the time of the instant crime is not significant; (c) personal and material damage has not occurred as a result of the instant crime; (d) the Defendant has no record of criminal punishment other than fines twice; (e) the Defendant committed the instant crime again despite having been sentenced to fines twice due to drinking

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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