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(영문) 수원지방법원 2018.08.07 2018고단2331
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] On October 15, 2010, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Dong District Court of Seoul, and on April 5, 201, a fine of KRW 6 million for the same crime, etc. in the support for the development of Suwon Friwon, the Defendant was sentenced to a summary order of KRW 6 million for the same crime. On June 1, 2018, the Defendant was sentenced to a suspended sentence of one year for imprisonment with labor for the same crime in the support for Suwon Friwon Friwon, the Suwon Friwon, and was sentenced to a suspended sentence of two years for the same month.

9. The above judgment became final and conclusive.

[2] On March 31, 2018, the Defendant driven Croping car under the influence of alcohol concentration of about 0.151% while under the influence of alcohol level 0.151%, without obtaining a driver’s license, from the third apartment of the Switzerland apartment site that can be seen as 220 m20, and Broping village.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, driver's licenses, and making an indication of the vehicle;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, application of each summary order, and text of the judgment;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

The principle of equity shall be taken into consideration when a defendant has received a trial concurrently with criminal facts entered in the records of criminal records.

The defendant is in a position to support his/her family, including two young children.

Circumstances unfavorable to the defendant are as follows:

The defendant is driving twice as stated in the record of the crime in the judgment.

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