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(영문) 수원지방법원 평택지원 2018.02.22 2017고단2049
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

[criminal history] On March 18, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law in the support of the Daejeon District Court Seosan, and a summary order of KRW 5 million for a crime of violating road traffic law in the same court on December 15, 2015.

[Criminal facts] On October 21, 2017, the Defendant driven B emulter cargo under the influence of alcohol content of about 0.062% without obtaining a driver’s license from around 07:48 to the same steel line located in the same Ri, from around 200 meters to the same steel line.

As a result, the defendant did not obtain a driver's license and violated the drinking prohibition regulations not less than twice, and drives a motor vehicle under the influence of alcohol in violation of the above regulations.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Report on the circumstances of driving without a license, and the ledger of automobile driving licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- there is a history of punishment several times for the same crime, provided that there is no other traffic accident; - there is no history of criminal punishment exceeding a fine in the last ten years; - the accused is against his own mistake.

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