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(영문) 수원지방법원 평택지원 2018.09.07 2018고단829
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

On December 31, 2008, the Defendant was sentenced to a summary order of 700,000 won for a crime of violating the Road Traffic Act at the Cheongju District Court on December 31, 2008, and on September 29, 2017, the Defendant was sentenced to a summary order of 5 million won or more for a crime of violating the Road Traffic Act, and on September 29, 2017, the Defendant was sentenced to

Nevertheless, on May 19, 2018, the Defendant driven a car in the B B B B B B in the state of alcohol alcohol concentration of about 300 meters from the front of the Daegu Dog-dong in Ansan-si to the roads of the same tin-dong in the same city of tin-dong without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions: References to inquiries, application of investigation reports (related to the same criminal records of the suspect) and statutes;

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. 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: A favorable circumstance such as the suspension of the execution of imprisonment, the fact that there was a history of receiving the punishment by a fine due to the same kind of crime, etc.: A confession, reflectivity, and the fact that the volume of the principal drinking is not relatively much severe, and that the punishment should not be subsequently reoffending: A sentence imposed on the defendant's age, family relationship, details of the crime, etc.: A sentence of imprisonment with prison labor for not less than six months, a stay of execution for two years, and

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