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(영문) 수원지방법원 2018.06.14 2018고단1880
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who, while under the influence of alcohol on September 17, 2010, drives a motor vehicle (the issuance of a summary order of KRW 1,00,000,000 at the Suwon Flag Station on October 5, 2010), drives a motor vehicle under the influence of alcohol on October 12, 2015 (the issuance of a summary order of KRW 2,00,000 at the Suwon Flag Station on November 2, 2015), drives a motor vehicle under the influence of alcohol on April 29, 2017 (the issuance of a summary order of KRW 5,00,00,00 from the Sejong District Court on June 30, 201), violates Article 44 (1) of the Road Traffic Act at least twice.

On March 25, 2018, the Defendant driven a BM520 vehicle under the influence of alcohol content of 0.063% in blood while the driver’s license was revoked, on the road near the “SM520 vehicle,” which was located in the Sing-si New-dong, Young-gu, Young-si, Sin-si, for about 10km from the adjacent road located in the northwest-dong, the wife population, to the adjacent road.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification to a department related to the report of 112 Incident, field photographs, and investigation reports;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Records of judgment: Application of inquiry letter, such as criminal history, and of each summary order text;

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. 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. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act has the record of driving alcohol at least twice, and the driver’s license is revoked on June 10, 2017.

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