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(영문) 수원지방법원 평택지원 2018.07.26 2018고단384

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

[criminal record] On October 25, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Suwon District Court’s House as a matter of violation of the Road Traffic Act. On November 12, 2013, the Defendant was issued a summary order of KRW 3 million for the same crime from the Daejeon District Court’s Incheon District Court’s Support.

[Criminal facts] On March 9, 2018, the Defendant driven B car rental cars at approximately 5km from the front of the French cafeteria located in Pyeongtaek-gun and Gun, to the roads adjacent to the same city in the same city, under the influence of alcohol level of 0.068%, without obtaining a driver’s license, around 23:00 on March 9, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 148-2 (2) 1, 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. 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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There is a history of being punished several times for the same crime, provided that the blood alcohol concentration is not high and does not cause other traffic accidents due to drinking of this case and driving without a license. - there is no history of criminal punishment exceeding fines by the defendant. - The defendant is against his mistake.