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(영문) 수원지방법원 평택지원 2018.05.30 2018고단109
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 17, 2007, the Defendant was issued a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court’s site, and on October 22, 2009, issued a summary order of KRW 4 million for the same crime, etc. from the same support on October 22, 2009. On October 17, 2012, the Defendant was sentenced to a suspended sentence of two years for the same crime, etc.

On January 13, 2018, the Defendant driven three cargo vehicles E, while under the influence of alcohol with about 0.070% alcohol concentration in blood without the driver’s license, from around 3km to the 3km road in front of the Green City, which was located in Pyeongtaek-si joint-dong, Pyeongtaek-si, Sinsung-si, through the Mademing Hospital located in Pyeongtaek-si joint-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 suspension of execution (the following favorable circumstances):

1. In addition, even though there was a history of being sentenced three times to criminal punishment due to one time due to the operation of drinking alcohol, drinking and non-licensed driving on the grounds of the sentencing of Article 62-2 of the Criminal Act, the punishment as ordered is to be determined by comprehensively taking account of the defendant's age, sex, environment, circumstances after the crime, etc., although the liability for each of the crimes of this case is not less than that of the crime, the fact that the drinking value is less than 0.1%, the drinking value is less than 0.1%, the circumstances that may be considered in the course of the crime, etc.

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