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(영문) 수원지방법원 성남지원 2018.09.07 2018고단1386
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 19, 2016, the Defendant was punished by a fine of three million won for a violation of road traffic law in support of the Sungnam-gu Friwon, and on November 6, 2017, the Defendant was punished by a fine of four million won for the same crime and driving a motor vehicle while under the influence of alcohol on at least two occasions by the same court.

On April 19, 2018, the Defendant, at around 23:21, driven a hurburged car without a driver’s license, while under the influence of alcohol content of about 0.132% from the 1km section from the Dogdong Agricultural Road located in Gwangju-si, Gwangju-si, to approximately 1258 Jarg Dog Dogdong Dog-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service reflects the defendant's wrongness, the records, such as the records of the same crime, and the degree of alcohol concentration in the blood of this case, shall be taken into account.

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