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(영문) 수원지방법원 2019.02.13 2018고단6998
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

On November 8, 2018, at around 23:35, the Defendant, without a driver’s license, driven a F E-cub vehicle on the front side of a restaurant located in the wife-population B, in a state of alcohol of 0.140% of alcohol level, at approximately 2km from the section of approximately 2km up to the front side of the D-dong apartment E-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend a lecture [the scope of punishment] The sentence was determined as ordered by taking into account the following circumstances, including the Defendant’s age, character and behavior, environment, motive and circumstances after the commission of the crime, etc.

D. Unfavorable circumstances: The Defendant, without being well aware of the history of the punishment of each fine on two occasions due to drunk driving and without a license, was driving a softener with only one disease in a state with a high blood alcohol concentration without a license, and the Defendant was able to drive the vehicle with dangerous driving of the other vehicle, which was obvious to the date of the accident and suspected of drinking driving, and reported and controlled it in 112.

The advantageous circumstances: Recognizing his mistake and seriously reflects it.

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