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(영문) 수원지방법원 평택지원 2018.07.12 2017고단2260
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 January 21, 2009, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act (drinking driving) in the Cheongju District Court's support on January 21, 2009. On September 15, 2009, the Defendant was issued a summary order of five million won for the same crime from the Suwon District Court's Pyeongtaek District Court's Pyeongtaek District Court's site as the same crime. On October 17, 2012, the Defendant was sentenced to a suspended sentence of two or more times for the same crime and was sentenced to a suspended sentence of two or more times for drinking.

[2] On September 7, 2017, the Defendant: (a) driven a motor vehicle with the highest alcohol level of 0.285% in the blood alcohol level from around 50 meters to around 111 of the apartment complex from the roads in front of the Gyeong-dong Hyundai apartment Non-dong, Gyeonggi-si, Gyeonggi-do around 22:00 to the roads in front of the same apartment 111.

On March 5, 2018, the Defendant driven a Frop car with approximately 100 meters alcohol concentration of about 0.173% while under the influence of alcohol level without obtaining a driver's license from the front of the “biobagle,” which is located in the Emba-si Eup in Ansan-si around 23:09, to the front of the family park located in the same Ri 112-52.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving, CCTV images, circumstantial reports on unlicensed driving, inquiry into the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal history, and investigation report Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (selected of imprisonment) concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- the same kind;

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