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(영문) 수원지방법원 안산지원 2018.08.28 2018고단2175

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 July 7, 2008, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act (drinking driving) in the support for the childbirth of the Suwon Friwon method and was sentenced to a fine of 1.5 million won, and on November 1, 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months and a suspended sentence of 2 years.

Although there were two occasions the records of punishment for driving under drinking, the Defendant, at around May 26, 2018, driven a bicycle with a motor device driver’s license with approximately 10km alcohol concentration of about 0.118% from the 10km section to the front side of the Dong-gu Seoul Metropolitan City, Ansan-si, the front side of the citizen market in the city of Ansan-si to the front side of the 19:35, Ansan-si, Ansan-si, the Defendant, without obtaining a motor bicycle driver’s license for the motor device under the influence of alcohol level from around 10km to the front side of the police box in Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A paper of measurement of drinking alcohol;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Criminal records indicated in the judgment: Inquiries, investigative reports (powers, such as drinking driving, etc.), and summary orders attached thereto and the application of the statutes attached thereto;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), subparagraph 2 of Article 154 and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Although the reasons for sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend lectures, the defendant had been punished several times due to drinking or non-licensed driving, the crime of this case is again committed, and the nature of the crime is not good, but the defendant has an old age of 70 years and shows an attitude of pening and reflecting his mistake, and the defendant will not repeat the crime when he discontinues the use of the motor device of this case.

The punishment shall be determined as per the order in consideration of the fact that it is in progress.