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(영문) 수원지방법원 성남지원 2018.09.28 2018고단1206
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2011, the Defendant was punished by a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on March 19, 201, a fine of KRW 3 million for a crime of violating the Road Traffic Act (driving of alcohol) at the Suwon Friwon on March 19, 201, and a fine of KRW 7 million for a crime of violating the Road Traffic Act (driving of Drinking) at the Seoul Central District Court on September 8, 2016.

1. On March 25, 2018, from around 17:00 to around 20:00 of the same day, the Defendant driven a Doz S500 car without a vehicle driver’s license in the section of approximately 20 kilometers from the front of the 194-Woo-gu, Sungwon-gu, Sungnam-gu, Sungnam-si, Seonam-si, to the front road of the 194-Woowon-si, Changwon-si, Seonam-gu.

2. On March 26, 2018, at around 00:19, the Defendant driven the said D-car without a driver’s license, under the influence of alcohol concentration of about 0.153% in a two-section 0.153%, from the front of the fluent restaurant in the name of Seongdong-gu, Sungnam-gu, Sungnam-si to the front of the 132 fishery fluorgic acid in the Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of a written reply to inquiries, such as criminal history, etc., the text of the Decision No. 80074, the text of the Decision No. 2014, the text of the Decision No. 6602, and the text of the Decision No. 77216, supra;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the same drinking driving record as the Defendant’s previous conviction, and the records of the same kind of crime, such as a suspended sentence due to driving without a license on January 2017, are very high.

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