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(영문) 수원지방법원 성남지원 2017.08.23 2017고단446
도로교통법위반(음주운전)등
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 February 28, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for the same crime at the Seoul Central District Court on July 3, 2009, and KRW 1.5 million as a fine for the same crime at the Sungnam Branch Support of Suwon Friwon, which was issued on October 6, 201, with a fine of KRW 3 million for the same crime.

[2] On October 20, 2017, the Defendant driven C rocketing car with approximately 400 meters alcohol concentration at approximately 0.182% from the 400-meter section to the roads in front of the SMweb Consing Center, which are located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, to drive the C rocketing car under the influence of alcohol content at around 23:21.

Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

around 11:00 on June 17, 2017, the Defendant driven a D Spo-type car without obtaining a driver’s license from around 50km to around 150-1, from the 91st day of the Nam-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to the 150-1st day of the Nam-gu, Incheon.

Summary of Evidence

"2017 Highest 446"

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) 2017 Heights 1895;

1. Statement by the defendant in court;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - Imprisonment with prison labor for a year and six months;

2. Determination - Operation of drinking more than one year of imprisonment, and two years of suspended sentence, on several occasions.

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