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(영문) 수원지방법원 여주지원 2018.08.22 2018고단664

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On January 26, 2015, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the inn of the Suwon Friwon Friwon, and on April 18, 2018, the Defendant was sentenced to a suspended sentence of three years for one year due to a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving).

[2] On June 3, 2018, the Defendant: (a) was revoked the driver’s license of a motor vehicle around 00:38, but was under influence of 0.107% in blood alcohol concentration; (b) the Defendant driven the F-learning motor vehicle from the front road in E-Road B in E-Road B to E-Road located in E-si in E-si, Leecheon-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification during the period of the same kind of criminal suspect and the suspension of execution);

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. The Defendant committed the instant crime during the period of suspension of execution, even though he/she was sentenced to a suspended sentence of imprisonment due to drinking driving, on five occasions, and was sentenced to a suspended sentence due to driving without a license for drinking.

The punishment as ordered shall be determined by taking into consideration the age, sex, environment, family relationship, and motive, circumstances, etc. of the criminal defendant's statement together.