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(영문) 수원지방법원 2018.11.07 2018고단4182

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 17, 2018, the Defendant driven a B food vehicle under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.180% from a 300-meter section around the restaurant in the vicinity of the KUUUUUUUUUUUUUUUUUUUUUUUUUUUUG to the 1109 road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (a copy of the judgment);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. The reason for sentencing choice of imprisonment with prison labor [the scope of punishment] : (a) six months of imprisonment with prison labor or one year (the decision of sentence] as follows; and (b) the sentencing conditions indicated in the records, such as Defendant’s age, sex, environment, motive for and circumstances after committing the crime, etc. were determined as ordered.

The favorable circumstances shows the attitude of recognizing and opposing his or her wrongness, and support his or her children.

The Defendant committed the instant crime without being aware of the fact that the Defendant had been sentenced to the suspended sentence of imprisonment in 2008 due to driving without a license in 202, 201, 2011, 2014, and 2016, 4 times a total of 2002 fines due to driving without a license, 2 times a fine in 2002 due to driving without a license, 2 times a fine in 2002, 208, and 2008.

Drinking driving is very likely to infringe on the life and property of others as well as himself.