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(영문) 수원지방법원 평택지원 2018.06.20 2018고단373
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 May 14, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daejeon District Court, and on August 24, 2017, the Defendant was punished on two or more occasions due to drinking driving, such as receiving a summary order of KRW 2 million for the same crime from the Pyeongtaek District Court’s House as a single offense.

Nevertheless, on March 15, 2018, the Defendant, without obtaining a driver's license for a motor vehicle on March 15, 2018, driven a B low-water car with approximately 100 meters alcohol content 0.132% while under the influence of alcohol in blood, from the roads of the new finite, the outer finite of which is in a tent to the lower roads of the finite highway located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. Although there was a history of three times criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, in addition to the crime of this case in the state of multiple times, the punishment for the crime of this case is not somewhat weak, and the record of criminal punishment as a result of the accident after the accident is also subject to criminal punishment, the fact that there is no record of criminal punishment exceeding the fine, the defendant's age, sex behavior, environment, background leading to the crime, circumstances after the crime, etc. is determined as above by comprehensively taking account of the following factors.

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