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(영문) 수원지방법원 안양지원 2018.09.18 2018고단1234
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

[2] On May 28, 2013, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) in the support for the development of a water source method source as of May 28, 2013. (2) On October 17, 2017, the same court issued a summary order of KRW 4 million as a fine for the same crime.

[2] From May 27, 2018, Defendant 1, who violated the provision prohibiting driving of drinking alcohol twice or more, driven a B rocketing car under the influence of alcohol concentration of 0.056% during blood alcohol without obtaining a driver’s license, in the section of about 40km from May 27, 2018 to the road before notice of public vehicles in 179-46, Sinpo-si, Sinpo-si, Mapo-si, Mapo-si, 179-25 on the same day.

Summary of Evidence

1. The defendant's legal statement statement report on the situation of the driver who takes the driving, and the driver's license register notified as a result of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of Acts and subordinate statutes on investigation reporting (verification of drinking driving history);

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. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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. The reason for sentencing under Article 62-2 of the Criminal Act - The fact that the defendant has a criminal record identical to that of the defendant, character and conduct of the defendant, environment, circumstances of the crime, circumstances after the crime, etc. are considered.

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