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(영문) 수원지방법원 성남지원 2017.06.28 2017고단625
도로교통법위반(무면허운전)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

On December 15, 2014, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of road traffic law (drinking driving) in the inn of the Suwon Friju on December 15, 2014, and the same criminal records are two times.

Criminal facts

On August 24, 2016, around 23:10, the Defendant driven B rocketing car under the influence of alcohol content of 0.241% while under the influence of alcohol without a vehicle driver’s license from around 34, e.g., e. 10 E., e., e. 10 E., e., e. 10 E., e., e., e., e. 100 E., e., e., e., e., e.,

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Consent letter of blood collection;

1. The driver's license ledger;

1. Response to a request for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to a summary order of the same type of crime);

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures are three times the number of punishment due to drinking or non-licensed driving, and the blood alcohol concentration among the blood of this case is very high and the driving distance is considerable, etc., shall be considered as the main sentencing factor. In addition, all sentencing factors in the instant trial process, including the Defendant’s age, sexual behavior, living environment, and circumstances after the crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

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