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(영문) 수원지방법원 2018.06.20 2018고단2265
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

1. On April 14, 2018, the Defendant, without a license for drinking alcohol, received a summary order of KRW 2.5 million from the Daegu District Court and the Daegu District Court and the Daegu District Court, on December 14, 2009, as a crime of violating the Road Traffic Act, for the crimes of violating the Road Traffic Act (driving), and on April 29, 2010, as a crime of violating the Road Traffic Act (driving).

On April 14, 2018, the Defendant, without a driver’s license, driven B Poter Cargo Vehicles with approximately 0.182% alcohol concentration at the 1km section from the 193rd road to the 14rd road in the Songsan-ro, the Song-ro, the Songsan-ro, the 193rd road to the 14rd road in the Sinsan-ro.

2. On April 13, 2018, the Defendant, without the driver’s license, started the front of D on April 13, 2018, which is located in the C in the C in terms of harmony, and driven B Poter freight without the driver’s license on the 3km section from the 3km road to the 193rd road in the C in terms of harmony.

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 criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license) due to a license on April 14, 2018, and the punishment provided for the crimes of violation of the Road Traffic Act, of which punishment is heavier;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of two crimes specified for a crime of violating the Road Traffic Act with heavy punishment];

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. The Criminal Act, the suspension of execution;

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