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(영문) 수원지방법원 여주지원 2018.08.08 2018고단534
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2018, the Defendant, at around 00:55, was revoked the driver’s license of a motor vehicle, but, at around 6 km from the road before the construction of Heung Construction to the road before the entrance of the village of the village of the 27km, the Defendant driven the Brain cargo at the section of about 0.2 km, in the state of alcohol concentration of 0.27% in the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection observation and attendance order was that the Defendant re-driving a motor vehicle while his/her driver's license was revoked due to drinking, and the numerical value of alcohol concentration in blood at the time of crackdown is very high.

According to the motive and circumstances of the driving of drinking in which the defendant stated in an investigative agency, the defendant seems to have been driving without a license and driving of drinking without any particular alert.

The defendant has been punished for drinking or non-licensed driving in the past.

The punishment as ordered shall be determined by taking into consideration the following circumstances, such as the fact that the defendant is against the crime, the fact that there is no record of criminal punishment exceeding the fine, and the age, sex behavior, environment, etc. of the defendant.

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