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(영문) 수원지방법원 2017.12.06 2017고단6693
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 20, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on August 20, 2013, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Pyeongtaek District Court on July 20, 2017.

On August 11, 2017, the Defendant, without obtaining a driver’s license, driven a vehicle of approximately 2km B km from the 149-ro, Osan-ro, 149 to the same 8-way, Osan-ro, 091% alcohol concentration in blood around 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on the circumstances of drivers who take the main place, and the register of drivers' licenses;

1. Application of a reply to inquiry, such as criminal history, and a copy of a 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances among the reasons for sentencing) - The defendant has the record of having been punished several times for the same crime. - The favorable circumstances are that the defendant is recognized as both criminal facts. - The defendant has no record of having been sentenced to a fine until now. The defendant has no record of having been sentenced to a fine in excess of the amount of fine. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process.

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