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(영문) 수원지방법원 성남지원 2018.04.12 2018고단276
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On May 7, 2014, the Defendant was issued a summary order of KRW 1.5 million by the same court on January 18, 2016 due to the same crime, etc. in the case of violation of the Road Traffic Act (dacting driving) at the Sungnam support by the Suwon Friwon method.

[2] On February 3, 2018, the Defendant, without obtaining a driver’s license for a vehicle on February 3, 2018, driven a BM3 car from approximately 500 meters away from the front day of the Gyeonggi-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

As a result, the defendant, despite the fact that he has violated the prohibition of drinking more than twice, was driving a motor vehicle in violation of the prohibition of drinking, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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 driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

The punishment shall be determined as per the order, in consideration of the fact that the defendant is against nature, the amount of alcohol concentration in blood, and the fact that there is no previous conviction exceeding a fine, etc.

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