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(영문) 수원지방법원 성남지원 2018.08.30 2018고단1448
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 30, 2008, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating road traffic laws in the Daejeon District Court's Branch of the Daejeon District Court on October 30, 2008, and a fine of 4 million won as a crime of violating road traffic laws (drinking) in the support of the Suwon Giwon Giwon Giwon Ginam-gu on August 21, 2017, and was punished on two or more occasions by driving a motor vehicle, etc.

On May 18, 2018, at around 01:16, the Defendant driven a B rocketing car without a driver’s license, under the influence of alcohol concentration of about 0.15% in the 1km section from around the first apartment commercial building in the Yanpo-si in Gwangju-si, Gwangju-si to around the same Eup/Myeon, and from around 28-1 to the same Eup/Myeon-dong parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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 62 (1) of the Criminal Act on the suspended execution;

1. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

The Defendant, who was punished for the same offense, once again, drives a drinking again after the driver's license was revoked on August 6, 2017, and in light of the fact that the Defendant drive without the license after the driver's license was revoked, and the degree of alcohol concentration during blood is bad and the responsibility is heavy.

However, the court shall comprehensively consider the following factors, such as the fact that the defendant is against the defendant, the fact that there is no previous conviction exceeding the fine, and the age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc., and determine the punishment as shown in the order.

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