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(영문) 수원지방법원 평택지원 2018.07.27 2018고단597
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 September 30, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law at the Suwon District Court’s House on September 30, 2016. On December 5, 2017, the Defendant was issued a summary order of KRW 4 million for the same crime.

[2] On March 22, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle on March 23:34, 2018, driven BK-5 motor vehicle from the 2km section of approximately 2km from the 1st km to the front road of the Gambag apartment located in the same Sinpo-si in the ambropo-si in the direction of 0.074% alcohol concentration in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Statement in the circumstances of the driving at home;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Each photograph;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports (the same kind of force)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (non-licensed 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 (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is no record of punishment of a fine several times for the same kind of crime: The confession, reflectivity, and the fact that there is no record of crime exceeding the fine, and the fact that alcohol content in the blood transfusion is relatively high: The sentence imposed on the defendant's age, family relation, circumstances of crime, etc.: Imprisonment with prison labor for not less than six months, suspension of execution of not less than two years, and the decision is made as per the disposition above the protective observation order; and

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