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(영문) 수원지방법원 2018.11.21 2018고단4799
도로교통법위반(음주운전)등
Text

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

On December 10, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on the grounds of the violation of the Road Traffic Act, and on April 29, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving), and on April 25, 2014, the Defendant was sentenced to a summary order of KRW 8 million for a crime of violating the Road Traffic Act at the Seoul East District Court on the grounds of the violation of the Road Traffic Act at the same time.

On August 21, 2018, the Defendant, without obtaining a driver's license for a motor vehicle on August 23:18, 2018, driven a DNA car under the influence of alcohol with approximately 0.120% alcohol concentration from the 1km section of approximately 1km to the apartment road in the future.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about 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, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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 under Article 62-2 of the Criminal Act [the scope of the applicable sentence] : imprisonment of six months or more; imprisonment of one year and six months (decision of sentence]; the following circumstances and the age of the defendant.

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