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(영문) 수원지방법원 2019.01.30 2018고단6797

도로교통법위반(음주운전)등

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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 power] On August 11, 2014, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, the same court on May 20, 2015, the fine of KRW 4 million for the same crime, and the Seoul Western District Court on July 21, 2017, respectively.

【Criminal Facts】

On November 10, 2018, the Defendant had been punished twice or more due to drinking driving, but did not obtain a driving license, and thereafter, the Defendant passed through the apartment house from the front of the Yongsan-gu Seoul Metropolitan Government B to the front of the said B, and driven a DNA benz car under the influence of alcohol content of 0.062% from the blood alcohol content to the roads of the said B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of driving under the influence of alcohol, report on the control of driving under the influence of alcohol, and report processing of 112 cases;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same criminal records of a suspect), and application of Acts and subordinate statutes governing summary orders;

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 under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order to Attend a community service order [the scope of punishment] From six months to one year and six months (the decision of sentence] as follows, taking into account the following circumstances and other conditions of sentencing indicated in the records, such as Defendant’s age, character and behavior, environment, motive and circumstances after the crime, etc.