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(영문) 수원지방법원 2017.10.25 2017고단5346
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

[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) on March 19, 2009, in the support of the Suwon Flag Flag, and was issued a summary order of KRW 4 million for the same crime from the Suwon Flag Flag on January 18, 2017.

[2] On July 11, 2017, the Defendant, without a vehicle driver’s license, driven B-low-income vehicle at a 1km section of approximately 751 meters for the first 751-day road, i.e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e., the e. the e. the e. the e.

As a result, the defendant was punished for driving under drinking more than twice, and again driving under drinking at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report, photographs, and driver's license register of the driver who is placed in the principal place;

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

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act - The Defendant, while driving under a license without permission, is not only driving under the influence of alcohol, but also raising the possibility of additional traffic accidents leaving a locked and abandoned while driving on the road due to the influence of alcohol. The Defendant has the record of having been punished several times for the same crime. - The Defendant committed the second offense after the lapse of seven months from the date of a fine even though he was already sentenced to a fine on January 2017.

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