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(영문) 수원지방법원 2018.10.30 2018고단4633

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] On April 2, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violation of road traffic law at the Suwon Flag Flag, and on May 31, 2017, a summary order of KRW 5 million for the same crime in the same court, respectively, and on July 18, 2018, the Defendant was sentenced to imprisonment for one year with prison labor for the same crime at the same court, which became final and conclusive on July 26, 2018.

[Criminal facts] On June 30, 2018, the Defendant driven a car with two km alcohol level of about 2 km from the Do at a location where it is difficult to know about the area of Suwon-si, Suwon-si (hereinafter referred to as the Suwon-si, Suwon-si, which is located in the vicinity of Suwon-si, to the road in front of the personal road in Suwon-si, without obtaining a driver’s license, at approximately 0.210% alcohol level of the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of alcohol, the indication of drinking measuring records, the driver's license ledger, and the making of a tea;

1. Relevant photographs;

1. Previous convictions: A written reply to criminal history, a report on the result of confirmation of the previous convictions of each disposition, final judgment, and application of Acts and subordinate statutes of two copies of summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

The defendant has no previous convictions of imprisonment.

The principle of equity shall be taken into consideration when a defendant has received a trial concurrently with criminal facts entered in the records of criminal records.

It seems that the defendant is receiving alcohol dependence treatment, and there is a position to support the mother's father's mother's child care, and social ties are clear.

Circumstances unfavorable to the defendant are as follows:

The defendant, like the record of the crime, is around 2010.