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(영문) 수원지방법원 여주지원 2018.04.18 2018고단214
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

[criminal history] On June 8, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Ulsan District Court on the following grounds: (a) on November 25, 2013, a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) on the ground of a violation of the Road Traffic Act (drinking on November 25, 2013; and (b) on January 26, 2015, a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking driving) is issued to the person who has violated Article 44(1) of the Road Traffic Act three times.

[Criminal facts] On March 11, 2018, the Defendant driven Cschtonton car about three meters under the influence of alcohol content of 0.07% while under the influence of alcohol without obtaining a driver’s license on the front side of Echeon-si B, Leecheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of punishment for driving a suspect under drinking);

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 (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 defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to attend lectures, are significantly high risk of recidivism when considering the record that the defendant was punished due to drinking driving.

Defendant reflects on crimes.

In addition, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. shall be determined as per the order.

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