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(영문) 수원지방법원 2018.04.11 2018고단563

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment with prison labor for six 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

[criminal history] On October 26, 2007, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of road traffic law at the Suwon Friwon method, etc., and on January 19, 2017, the Defendant was issued an electronic summary order of KRW 5 million with the same crime at the same court.

[2] On December 25, 2017, at around 18:00, the Defendant driven a DG80 car while under the influence of alcohol with approximately 0.105% alcohol concentration while under the influence of alcohol without obtaining a driver’s license from the section of approximately 1.6km from the road 955:0 to the 1326-1st road of the city-sponsing the right of a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking, on-site photographs, and measurement photographs of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a copy of the judgment of the same kind, a copy of the summary order), and other Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act for an order to attend a lecture and an order to provide community service [the scope of punishment] The punishment as ordered shall be determined by taking into account the following circumstances, such as the Defendant’s age, sex, environment, motive for committing an offense, and circumstances after committing an offense: (a) imprisonment with prison labor for six months or more; (b) imprisonment with prison labor for one year and six months; (c) and (d)

A disadvantageous condition: The defendant shall be well aware of his past record of punishment not less than twice due to drinking.