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(영문) 수원지방법원 성남지원 2018.09.13 2018고단1549

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 May 7, 2018, the Defendant driven B K3 cars over the section of about 3 km in Seoul, Chuncheon Highway, Seoul, at a point of 1.2 km in the direction of Seoul, from the mutual influence, without obtaining a driver’s license, while under the influence of alcohol content of 0.098% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

In light of the fact that the Defendant was punished several times due to driving without a license for drinking alcohol, but again commits the instant crime, the nature of the crime is inferior.

However, the punishment is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the defendant, the age, environment, sex, motive and means of the crime, and circumstances after the crime.