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(영문) 수원지방법원 성남지원 2017.11.03 2017고단2126
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

Punishment of the crime

On November 30, 2016, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on November 30, 2016. On July 25, 2017, the Defendant filed a request for a summary order of KRW 2 million for the same crime as the support for Suwon Friwon Friwon, and as above, on July 25, 2017, the summary order requested on July 25, 2017 was issued on September 4, 2017 and confirmed on September 20, 2017 (this Court approximately KRW 8653). On July 22, 2017, the Defendant was found to have received a summary order of KRW 1,00,000 from the Gyeonggi-si District Court on the roads of the 1110-5 Gyeonggi-si Police Police Station at KRW 1100,000 from the 1st half of the 3rd Korean Donsan City.

As a result, the defendant, despite the fact that he has violated the prohibition of drinking more than twice, was driving a motor vehicle in violation of the prohibition of drinking, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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 sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order has committed the instant crime on July 14, 2017, even though the Defendant was exposed to driving under drinking on July 14, 2017.

However, the defendant reflects the wrong and exceeds the fine.

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