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(영문) 수원지방법원 2018.05.09 2018고단1064
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for six 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 December 26, 2008, the Defendant was sentenced to a summary order of one million won or more due to a violation of the Road Traffic Act (drinking driving), and on March 20, 2014, the Defendant was sentenced to a summary order of seven million won or more due to the same crime in the same court on March 20, 2014 and was sentenced to a summary order of seven million won or more due to the same crime.

On February 22, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle at around 00:06, driven BCo-sports cargo in front of the Love Hospital, 1539, a unit in the wife population, which is the 0.12% alcohol concentration in the blood while drunk, and up to the road front of Samsung C& 6,000, prior to the Green C&L hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of the summary order of the relevant case);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing of Article 62-2(1) of the Criminal Act regarding community service and order to attend a lecture [the scope of punishment] The sentence shall be determined as ordered in consideration of the following circumstances, including the defendant’s age, sex, environment, motive for committing an offense, and circumstances after committing an offense: (a) six months of imprisonment or more; and (b) one year and six months of imprisonment (decision of sentence]; and (c) other conditions of sentencing indicated in the records.

Unfavorable circumstances: The defendant shall be punished by a fine on several occasions due to driving without a license for drinking.

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