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(영문) 수원지방법원 안산지원 2018.06.07 2018고단1055

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 December 12, 2008, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act from the Incheon District Court Branch of the Incheon District Court on December 12, 2008, and received a summary order of KRW 1.5 million for a fine of KRW 1,500,000 for the same crime from the support of the Suwon Friwon, on May 14, 2009. On November 1, 2013, the Defendant received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) from the Incheon District Court Branch of the Incheon District Court on April 15, 2015, and received a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) from the Busan District Court of the Incheon District Court on April 15, 2015 to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at least twice.

Criminal facts

On November 30, 2017, the Defendant, without a driver’s license, driven a Dbee-cracked car at approximately 300 meters from the center of Sindo to about 6-2, the center of Sindo from the 5th Do-ro, Sindo-si, Sindo-si, Sinsido-do, in a state of alcohol content of 0.106% in blood while under the influence of alcohol without a driver’s license.

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. The driver's license ledger;

1. Previous records: Results of inquiry and application of Acts and subordinate statutes concerning investigation reports (Attachment to the same type of judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished by a fine for drinking on five occasions from 2002 to 2015, and there are many criminal records of the same kind of crime.

Nevertheless, even though it is highly likely to criticize the crime of this case where drinking without a license, it is advantageous to the defendant, such as the fact that the defendant is against the wrongness, and the driving distance is relatively short.