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(영문) 수원지방법원 여주지원 2018.04.11 2018고단138
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant issued, on December 17, 2007, a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) at the inn of the Suwon Friwon Friwon, on February 3, 2010, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) at the Seoul Northern District Court on February 3, 201, and on May 25, 2016, a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) was issued.

【Criminal facts】 On January 20, 2018, the Defendant driven Bbenz’s car at the 1km section from the front of the Jinsung cafeteria, which is located in the lebbb in the Gyeonggi Pyeong-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, to the road following the market digging bridge located in the both sides of the Gyeonggi-gu, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, under the influence of alcohol by around 0.073% during blood without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of drivers in violation of the Traffic Act on roads;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Correspondence to a request for appraisal, a written appraisal of alcohol during blood, and a report on the detection of the driver involved;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include a large number of records of punishment due to drinking driving, and thus, the risk of recidivism is high.

The punishment as ordered shall be determined in consideration of the age, motive, circumstances, etc. of the defendant.

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