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(영문) 수원지방법원 안산지원 2017.03.23 2017고단191
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 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 4 million on October 22, 2013 by a fine of KRW 5 million due to a violation of road traffic law (dacting driving) in the support of the Suwon Flag Flag, and on June 16, 201, by the same court on June 16, 201, as a crime of violation of road traffic law (dacting driving).

[2] On December 20, 2016, the Defendant, without a driver’s license, driven a B-learning car from around 2 km to about 313 km-ro, Sinung-gu, 1244-10, Sinung-si, Sinung-si, Sinung-gu, Sinung-si, with alcohol level of 0.16% while under the influence of alcohol during the influence of around 22:54, Dec. 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, report on the circumstances of a driver driving, inquiry into the results of crackdown on drinking (10 pages of evidence), and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of previous convictions and judgment);

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 alternative imprisonment with prison labor (or, considering unfavorable circumstances, such as that the defendant has been punished for the same kind of crime several times);

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Reduction of Quantity (the consideration given in favor of the defendant, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake, and that the defendant has no criminal history exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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