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(영문) 수원지방법원 성남지원 2018.07.12 2018고단891
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for nine 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 June 17, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving in drinking), a summary order of KRW 4 million for the same crime in the same court on April 21, 2014, and a summary order of KRW 7 million for the same crime in the same court on September 4, 2017, respectively.

On April 14, 2018, the Defendant driven BMW car at approximately 200 meters from the cro shopping parking lot located in Gwangju-si, 17, Gwangju-si, without obtaining a driver's license, from around 0.14% of alcohol level, to the front road of the 11-5-lane, as the city of Gwangju-si, while under the influence of alcohol leveling to 0.14% of alcohol level during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 (Punishment provided for in a crime of violating the Road Traffic Act with heavier 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 in Article 62-2 of the Criminal Act is that the nature of the crime and the circumstances of the defendant are not absolute and minor in light of the criminal records of the same kind of crime.

However, there is no record that the defendant was punished in excess of a fine due to the same crime.

The defendant reflects his wrongness in depth.

In addition, the punishment is determined as ordered in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act.

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