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(영문) 수원지방법원 여주지원 2018.10.24 2018고단791
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On August 20, 2018, around 19:40 on August 20, 2018, the Defendant driven a cchip car under the influence of alcohol level of about 0.122% while under the influence of alcohol level of about 300 meters, without obtaining a driver's license, from the front side of the sea of the 7th East-ro, the East-ro, the west-ro, the west-ro, the west-ro, the upper limit of 233rd to the front side of the lower limit of 5-4 square.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (violation of road traffic laws: Drinking and non-license);

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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. The Defendant, who had the reason for imposing a sentence of alternative sentence of imprisonment with prison labor, had his previous drinking driving suspended the execution of imprisonment with prison labor on several occasions due to drinking driving, but had his license revoked due to drinking driving.

In light of the Defendant’s statement in the investigation agency as to the circumstances of the instant crime, the Defendant did not have any particular boundary over driving without a license for drinking alcohol, on the following grounds: “The Defendant did not have any particular boundary over driving without a license for drinking alcohol, by moving the vehicle to an office nearest distance by drinking alcohol and driving the vehicle.”

In addition, all other circumstances, such as the age and family relationship of the defendant, shall be considered together, and the punishment as per the order shall be determined.

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