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(영문) 수원지방법원 안산지원 2017.11.15 2017고단2374
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

[criminal history] On July 23, 2014, the Defendant was issued a summary order of KRW 5,500,000,000 by the same court as a crime of violating road traffic laws (drinking) in the support of the Suwon Frigwon, etc. on July 23, 2014, and a fine of KRW 6,00,000,000,000,000,000.

[Criminal facts] On August 9, 2017, the Defendant driven CM5 vehicle without a driver’s license in the state of alcohol alcohol concentration of about 0.164% at the section of approximately 1.2 km from the front of the Dong Community Service Center in Ansan-si to the same Gu wholesale market from around 53 (Japan-dong) to the road in front of the Dong Community Service Center in Ansan-si, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on confirmation of the same kind of force);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, is that the Defendant committed the instant crime in a short time and again again, under the circumstances with the record of each punishment for driving of drinking and driving without a license of one of the two times from 2014 to 2014, and the drinking level was spread, and the police’s demand for stopping, and the police’s arrest at the end, and the criminal liability is heavy.

However, the sentencing conditions indicated in the records, such as the defendant's age, sex, family relationship, etc. shall be determined in consideration of the facts that the defendant confessions and reflects, there is no previous conviction exceeding the fine, the driver's vehicle scrapping, and the favorable circumstances that show the intention of opening the vehicle, and the punishment shall be determined as shown in the disposition.

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