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(영문) 수원지방법원 2018.08.21 2018고단3222
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal history] On November 15, 2006, the Defendant was sentenced to a two-year suspended sentence for a violation of the Road Traffic Act (drinking driving), etc. on July 7, 2006. On March 6, 2014, the Defendant was issued a summary order of KRW 7 million for the same crime, etc. from the Suwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon, and was issued a summary order of KRW 8 million for the same crime on April 8, 2015.

[2] Notwithstanding the fact that the Defendant had been punished twice or more due to drinking driving, the Defendant, as such, driven a motor vehicle driver’s license without obtaining a vehicle driver’s license in the direction of about 4km from around 02:5 on June 5, 2018 to around 0.205% of alcohol level in the direction of about 7.25% in alcohol level in the direction of approximately 4km in the direction of alcohol level in the direction of the head of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. The defendant's legal statement; 1. The notice of the result of the drinking driving control, the printing boat, and the driver's license register;

1. Field photographs, etc.;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (applicable to the same type of crime);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is divided into and reflected in the crime of this case.

There is no criminal conviction for a defendant, and there is no criminal conviction except for a criminal punishment due to drinking.

It is clear that the social relationship of the defendant is clear.

Circumstances unfavorable to the defendant are as follows:

The defendant, while driving under the influence of 0.205% alcohol level in blood, caused an accident of street lights while driving.

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