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(영문) 수원지방법원 2017.04.18 2016고단7742
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 January 25, 2008, the Defendant issued a summary order of KRW 2 million to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon Friwon method, on November 21, 2008, a summary order of KRW 1.5 million for the same crime in the same court, and on July 1, 2015, a summary order of KRW 8 million for the same crime was issued in the same court, respectively.

On November 29, 2016, the Defendant again driven a motor vehicle with alcohol level of 0.176% at around 05:50, while under the influence of alcohol, and without obtaining a driver’s license, the Defendant was punished for drinking at least twice by driving a motor vehicle at approximately 1km from the front side of a diving room in the beginning of the Seocho-gu, Yung-gu, Seoul Metropolitan City to the front side of the same cir population at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of Acts and subordinate statutes on investigation reporting (a copy of summary order);

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 (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and circumstance of the crime, and the following circumstances, the punishment as ordered shall be determined.

[The favorable circumstances] The defendant admitted his mistake while making a confession of each of the crimes of this case.

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