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(영문) 수원지방법원 안산지원 2019.05.15 2018고단2775
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2008, the Defendant issued a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Northern District Court on December 11, 2008, and even on March 16, 2018, the Defendant driven a drunk (the Defendant was issued a summary order of KRW 6 million for a violation of the Road Traffic Act at an Ansan District Court's Support on July 3, 2018) on at least two occasions, but was in violation of Article 44 (1) of the Road Traffic Act at around 22:49 of Apr. 21, 2018, the Defendant driven a car with a alcohol of KRW 39,00 from the street near the Han River Station in the Han River Station in Ansan-gu to the front road of approximately 500 meters of alcohol without a driver's license.

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. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of recent same kind of records of a suspect);

1. Relevant provisions of Article 148-2 (1) 1, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include two times the punishment power for drunk driving for the reason of sentencing under Article 62-2 of the Order to Attend, among which, the recent power was the driving without a license for drinking alcohol on March 16, 2018, considering the favorable circumstances under which the defendant had no record of punishment exceeding a fine in excess of the fine, and taking into account the favorable circumstances, the defendant’s age, character and conduct, environment, and circumstances after committing the crime, etc., and determining the punishment as ordered.

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