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(영문) 수원지방법원 성남지원 2018.10.10 2018고단1319

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 October 10, 2008, the Defendant was sentenced to a fine of seven million won due to a violation of the Road Traffic Act (drinking), etc. at the Seoul Eastern District Court, and was sentenced to a fine of two million won due to a violation of the Road Traffic Act (drinking) in the support of the Suwon Friwon, the Defendant was punished on April 17, 2017 by driving a motor vehicle under the influence of alcohol at least twice.

On May 5, 2018, the Defendant operated C Poter vehicle under the influence of alcohol concentration of about 0.088% in blood without a vehicle driver's license from around 1478-2 to the road in front of the other party-won-dong 1442, Jungwon-gu, Seongbuk-gu, Seongbuk-gu, 15:50 to the road in front of the other party-won-dong 1478-2.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and the choice of imprisonment, respectively;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment as a crime of driving hotly drinking);

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. The sentence identical to the order shall be determined by comprehensively taking into account the following factors: (a) there is no record of committing a crime exceeding the fine for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the confession and reflectment; (c) the drinking volume; (d) the distance of driving; and (e) the Defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime;