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(영문) 수원지방법원 여주지원 2018.06.08 2018고단432
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2015, the Defendant issued a summary order of a fine of three million won for a crime of violating road traffic law (drinking driving) in the leisure support of a water source method source, and on October 31, 2017, a summary order of a fine of five million won for a crime of violating road traffic law (drinking driving) in the leisure support of a water source method center.

On April 30, 2018, at around 00:30, the Defendant driven a Bri-ri-ri-ri vehicle while drunkly under the influence of alcohol with approximately 0.15% alcohol concentration, without obtaining a driver's license, on the section of about 4km from the front of the chro-ri coun coun restaurant in Gyeonggi-do, to the front of the 313rd road in the Seogyeong-gu, Yangpo-gun-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. A copy of the investigation report (verification of the record of the same criminal suspect's punishment), each summary order;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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. It is so decided as per Disposition by comprehensively taking account of all kinds of sentencing conditions under Article 51 of the Criminal Act, including the fact that the reason for sentencing under Article 62-2 of the Criminal Act is recognized, the number of drinking alcohol and driving distance, the frequency and degree of punishment for drinking driving, the defendant's age, sexual behavior, environment, etc.

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