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(영문) 수원지방법원 2019.01.16 2018고단5917

도로교통법위반(음주운전)등

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1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 2009, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court, and on April 21, 2017, with a fine of KRW 3 million as an identical crime in the Gyeyang Branch of the Suwon District Court, respectively.

On October 7, 2018, the Defendant violated Article 44(1) of the Road Traffic Act two or more times, and once again driven a Fpool car in the name of E, without obtaining a driver's license in the section of about 3 km from the Heungdong-gu B Apartment-si to the roads in front of the Dpool oil station located in the same Gu C from Gpool-si, Young-si to 3km.16% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of a driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. The register of driver's licenses, and report on the state of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports and application of three-minutes of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend a lecture [the scope of punishment] The sentence was determined as ordered by taking into account the following circumstances, including the Defendant’s age, character and behavior, environment, motive and circumstances after the commission of the crime, etc.

The defendant has been punished for a fine on three occasions due to a drunk driving.