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(영문) 수원지방법원 2017.06.13 2017고단741
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

Criminal facts

[criminal history] On April 3, 2015, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on the same day, and on December 7, 2016, the Defendant was punished two times or more as a crime of violating the Road Traffic Act (driving alcohol), such as receiving a summary order of KRW 4 million from the Suwon District Court for the same crime.

[2] On January 18, 2017, the Defendant driven a Cra vehicle at a section of about 3 km from the insular area to the insular height located in the horizontal dong of Suwon City without a driver’s license at around 00:30 on January 18, 2017, with a level of alcohol concentration of 0.081%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

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. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is deeply divided into and reflected in the crime of this case.

At the time of the crime of this case, it seems that there was no emphasis on the defendant's primary exploitation.

There shall be no history of criminal punishment other than three times of fines.

It seems that the defendant would have suffered an injury while working as a swimming player.

Circumstances unfavorable to the defendant are as follows:

The criminal records in the judgment of the defendant are relatively recently subject to a fine of two times due to drinking.

In the above circumstances, the Defendant’s age, sex, career, and age.

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