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(영문) 수원지방법원 2017.11.01 2017고단3419
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On May 16, 2012, the Defendant issued a summary order of KRW 6 million to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Suwon Flag Flag Flag on May 16, 2012, and on February 4, 2015, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the same court on February 4, 2015, respectively. On November 26, 2011, the Defendant was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (driving).

[2] On May 13, 2017, at around 10:05, the Defendant driven DK3 automobiles while under the influence of alcohol with approximately 0.205% alcohol concentration at approximately 0.205% without obtaining a driver’s license in the section of approximately 1.5km from the front of the Defendant’s house located in G, Sungsung-si around 10:05 to the front road of the Namyang-gu, Namyangyang-gu, Namyangyang-do, Seoul. 66km.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and a copy of the judgment;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing) - The defendant has the record of having been punished several times for the same crime. The defendant’s blood alcohol concentration exceeds the upper limit of the punishment section. The favorable circumstances - the defendant recognizes all criminal facts. The defendant has no record of being sentenced to a fine beyond the fine until now. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process.

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