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(영문) 수원지방법원 2018.07.18 2018고단2777
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2016, the Defendant is a person who received a summary order of a fine of eight million won or more due to a violation of the Road Traffic Act (drinking driving) from the Suwon Friwon method, and a summary order of 2.5 million won or more due to a fine in the same court on July 4, 2008.

On May 18, 2018, at around 21:50, the Defendant driven a car with 300 meters wide from the 1st century, in the direction of alcohol concentration of 0.081% in blood without a vehicle driver's license, to the front day of the model apartment, from the 1st century, in the direction of the local government located in the administrative Ri of the local-nam Eup/Myeon, in the direction of 0.0% in the direction of the city.

As a result, the Defendant violated the prohibition of drinking driving regulations not less than twice, but once again, used a motor vehicle while under the influence of alcohol in violation of this prohibition, and simultaneously driven without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at drinking, report on the results of regulating drinking driving, and report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend a lecture [the scope of punishment] The imprisonment of six months or more to one year and six months (the decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, etc. are considered.

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