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(영문) 수원지방법원 2019.01.15 2018고단5690
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

The Defendant driving a motor vehicle under the influence of alcohol on December 20, 208 (the issuance of a summary order of KRW 1.5 million at the Suwon District Court on April 10, 2009), driving a motor vehicle under the influence of alcohol on September 26, 2009 (the issuance of a summary order of KRW 2.5 million at the Suwon District Court on February 5, 2010), driving a motor vehicle under the influence of alcohol on July 5, 2018 (the issuance of a summary order of KRW 5 million at the Suwon District Court on October 31, 2018), and Article 44(1) of the Road Traffic Act at least twice.

On September 30, 2018, at around 22:40, the Defendant driven an E rocketing car with a blood alcohol concentration of about 0.064% without obtaining a driver’s license from the roads adjacent to C University in Young-gu, Suwon-si, Suwon-si, to the roads prior to Suwon-si, Suwon-si, Suwon-si.

As a result, the defendant, while under the influence of alcohol at least twice, has driven a motor vehicle without obtaining a driver's license in the state of under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of the scene of crime;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Records of judgment: Criminal history records, etc., a copy of inquiry report, a copy of indictment, and the application of statutes on summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is committed on two or more occasions, and the defendant, whose driver’s license was revoked on September 18, 2018 due to drinking driving, is not less than a license or drinking driving, and the quality of the crime is not less severe, and the defendant is around July 2018.

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