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(영문) 수원지방법원 2018.05.23 2018고단953

도로교통법위반(음주운전)등

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. 30 days where the defendant does not pay the above fine;

Reasons

Punishment of the crime

On February 5, 2018, the Defendant driven a DM5 car under the influence of alcohol concentration of 0.085% while under the influence of alcohol leveling 0.085%, without obtaining a driver’s license from the Do near the Gangnam-gu Hospital of Gangseo-gu to the 1770-21st road in Suwon-si, Suwon-si, Suwon-si, Seoul Special Metropolitan City, from around 411, the Defendant driven a DM5 car under the influence of alcohol leveling 0.085%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver of a vehicle driving, notification of the results of crackdown on drinking driving, and record of measurements;

1. The driver's license ledger;

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

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and punishment provided for the crimes of violation of the Road Traffic Act, of which punishment is heavier);

1. The grounds for imposing selective fines [the scope of punishment] 3 million won or less (the decision of sentencing] are as follows, and the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive for and circumstances after committing a crime, etc. shall be determined as ordered in light of the following circumstances.

불리한 정상 : 피고인은 음주 운전과 음주 측정거부로 처벌을 받은 전력이 있음에도 자숙하지 아니하고 이 사건 범행을 저지른 점 유리한 정상 : 혈 중 알콜 농도 수치가 0.1% 미만으로 그다지 높지 않고 전날 술을 마시고 잠을 자고 난 다음날 아침에 술이 깼다고

I think and think that there are circumstances to consider it as being driving, and that the defendant would not commit such crimes again by submitting several rebuttals.

The defendant's family and branch members want the defendant's wife.