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(영문) 수원지방법원 2018.07.10 2018고단1038
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four 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 records] On December 19, 2017, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspension of execution on December 27, 2017, and the above judgment became final and conclusive on December 27, 2017.

[2] The Defendant is a person who, while under the influence of alcohol on October 27, 2012, drives a motor device, and has violated Article 44(1) of the Road Traffic Act on two or more occasions, by driving a bicycle under the influence of alcohol (a summary order of KRW 2 million at the source of water supply on January 16, 2013); and (b) driving a bicycle under the influence of alcohol on September 19, 2013 (a summary order of KRW 3 million at the source of water supply method on November 27, 2013).

On June 4, 2017, the Defendant, without obtaining a bicycle license for a motor device, driven a bicycle with approximately 2.9 km of BCA 110B engine device from the front side of the ocean 13-lane 13, to the front side of the 80-day wife population at permissible time, in the state of alcohol content of 0.157% at around 00:40, the Defendant driven a bicycle with approximately 2.9 km at around 13m from the ocean west of the sea west, to the front side of the west at permissible time.

Accordingly, the defendant, who has violated the prohibition of drinking at least twice, once again, drives a motor bicycle while drunk in violation of this prohibition, and without obtaining a motor bicycle license, drives a motor device bicycle without obtaining a motor device bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

1. Documents concerning drinking, such as a report on the circumstances of a driver who takes drinking;

1. The driver's license ledger;

1. Records of judgment: References to inquiries, such as criminal history, summary information of each case;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Act for statutory mitigation: Provided, That the latter part of Article 39(1) and Article 55(1)3 of the Criminal Act (the latter part of Article 37 of the Criminal Act).

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