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(영문) 수원지방법원 2018.09.12 2018고단3920

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

[Power of crime] On December 12, 2012, the Defendant was issued a summary order of KRW 2 million at the Suwon Flag Flag on the grounds of a violation of road traffic law (dacting driving), etc., and on March 28, 2017, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (dacting driving) by the Suwon Flag Flag on the ground of a violation of road traffic law.

[2] On July 4, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a BS-type car from the section of about 50 meters to the front road of the “Sari” in the 61-dong coal culture center at the time of the Gyeonggi Culture Center in the event of Gyeonggi-do in the state of alcohol with a alcohol content of 0.161 percent during blood, without obtaining a driver’s license for a motor vehicle at around 22:30 on the same day.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving the car under the influence of alcohol again.

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. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and summary order);

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 (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy 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. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of punishment] The imprisonment of six months or more to one year and six months (decision of sentence] as follows, and the defendant's age, sex, environment, and crime.