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(영문) 수원지방법원 2018.12.19 2018고단5492
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 31, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (driving without a license) at the Suwon Franchising Station on June 31, 2017, and the said sentence became final and conclusive on November 8, 2017. On May 24, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Electronic Financial Transactions Act on June 1, 2018, and the said judgment became final and conclusive on June 1, 2018, and was still under a suspended sentence of five times, and was sentenced to a summary order of eight million won for a violation of the Road Traffic Act (driving without a license) at the Suwon Flachising Station on July 4, 2017.

On July 20, 2018, at around 10:00, the Defendant driven a Dbenz’s car in a state of alcohol alcohol concentration of about 0.293% without a driver’s license from the C parking lot located in the rear door of Osan-si B apartment at Osan-si to the front end of B apartment at Osan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the reason for sentencing”) of the Act on the Reduction of Small Amount of Punishment [the scope of sentencing] : (a) six months of imprisonment or one year and six months of imprisonment; (b) the following circumstances; and (c) the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, motive for and circumstances after the commission of the crime, were determined as ordered.

e.beliable;

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