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(영문) 수원지방법원 안양지원 2018.05.02 2018고단40
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

[criminal history] On July 24, 2009, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and on June 13, 2013, the court issued a summary order of KRW 4 million for the same crime.

[2] On January 1, 2018, the Defendant was under the influence of alcohol content of 0.137% in blood without obtaining a driver’s license for a motor vehicle on January 1, 2018, and the Defendant driven Bone Starsch Rexroth car at approximately 3 km up to 17-6 km-ro 17-6, e.g., Manyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-gu, Annyang-gu, Annyang-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger (No. 14 No. Serial of evidence list);

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and of the same Act and subordinate statutes confirming the same 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. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is due to - unfavorable circumstances: The first head of the judgment was not only four times, but also four times, a fine due to a violation of the Road Traffic Act (driving without a license), including a criminal record of a violation of the Road Traffic Act (driving without a license), and the fact that a person committed the same kind of crime without a license at the same time, despite the criminal record of a fine due to a violation of the Road Traffic Act (driving without a license) around 2014; the fact that the person committed the same kind of crime in favorable circumstances: the defendant commits a mistake; the fact that he/she has no criminal record of a sentence; other

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