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(영문) 수원지방법원 평택지원 2018.09.20 2018고단602
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 August 1, 2014, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on August 1, 2014, and on October 27, 2017, the Defendant received a summary order of KRW 4 million for the same crime at the same court on the same time, and the same record reaches three times.

On March 20, 2018, the Defendant driven C motor vehicle under the influence of alcohol level of about 2.7 km from the front road of the office to the front road of the Defendant’s office located in B, in a training area of about 20.7 km from the front road of the office to the front road of the office of the Defendant, and without obtaining a driver’s license, while under the influence of alcohol level of about 0.075% in blood.

As a result, the defendant driving a motor vehicle without a driver's license, while violating the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There has been several records of punishment for the same crime, provided that the driving of the drinking without the license of this case does not cause other traffic accidents. - Defendant exceeds the fine between the last ten years.

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