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(영문) 수원지방법원 안산지원 2018.08.30 2018고단1882

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 March 21, 2011, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law at the Seoul Southern District Court on March 21, 201, a summary order of KRW 4 million for the same crime in the same court on July 3, 2012, and a summary order of KRW 5 million for the same crime in the same court on June 22, 2017.

[2] Notwithstanding the fact that Defendant 1 violated the provision on the prohibition of drinking under the Road Traffic Act more than twice, Defendant 2 driven a vehicle with B windowsom without obtaining a driver’s license for a vehicle under the influence of alcohol at approximately 0.083% from the 100-meter section of the blood alcohol level from the 100-meter direction to the front and the front end of the 100-meter mnive body at the nives of the nives of the nives of the nives of the nives of the nives of the nives of the nives of the nives of the nives of the

On May 22, 2018, the Defendant driven a motor vehicle with B windowmom without obtaining a driver's license in the section of about 5 km from May 22, 2018 to the front road of the 701 mine name indoor sports center located in the name of light in the front of the 701 mine name.

Summary of Evidence

"2018 Highest 1882"

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 convictions in judgment: A reply to inquiry, such as criminal history, and a report on investigation (report on confirmation of the records of drinking), 2018, 1905;

1. Statement by the defendant in court;

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

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment with prison labor ( considered of the same kind of power);

1. Reduction of a certain amount of punishment under Article 53 and Article 55 (1) 3 of the Criminal Act (the favorable circumstances, such as the reflection of the amount of punishment and the fact that there is no record of punishment exceeding the amount of fine);

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

1. Order to attend lectures and order to provide community service;