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(영문) 수원지방법원 안산지원 2018.05.01 2018고단628
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Friwon method, and on August 1, 2013, the Defendant was sentenced to a summary order of a fine of four million won for the same crime at the same court on August 1, 2013, and the Defendant was sentenced to a summary order of a fine of four million won for the same crime on at least two occasions, and on February 23, 2018, the Defendant was sentenced to imprisonment of six months for violation of the Road Traffic Act (drinking driving) with the extension of the sentence of two years for the suspension of the execution of the sentence on March 3, 2018.

Criminal facts

On January 21, 2018, the Defendant driven a B Spo-type car from around 2 km to the road near the Mana-dong Park in Sinung-gu, Sinung-dong, Sinung-si, which is under the influence of alcohol of 0.073% without a driver's license, at around 00:24, the Defendant driven a B Spo-type car from around 2km to the road before the Water Resources Corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of driving at home, and inquiry and output of the results of crackdown on driving at home;

1. The driver's license ledger;

1. Previous convictions: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, report on investigation (the confirmation of such previous history and report on the pronouncement of a judgment of the suspect);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act appears to require strict punishment due to the fact that the defendant committed the same kind of crime, the equity in the case of being tried together with the crime of violating the Road Traffic Act for which judgment has become final and conclusive, the occurrence of an accident did not occur, and the punishment is determined as ordered in consideration of the circumstances against which the defendant is committed.

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