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(영문) 수원지방법원 안산지원 2018.05.09 2018고단690
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant was sentenced to a summary order of KRW 1.5 million on October 18, 201, which was sentenced to a fine of KRW 2.5 million on October 19, 201, which was sentenced to a summary order of KRW 2.5 million on October 19, 201, which was sentenced to a fine of KRW 2.5 million on November 13, 201, due to a violation of the Road Traffic Act (driving in Drinking) in the support of the Suwon Friwon Friwon method for the violation of the Road Traffic Act (driving in Drinking). The Defendant was sentenced to a two-year suspended sentence for six months on November 13, 2015.

【Inasmuch as the Defendant had been punished on two or more occasions for drinking driving, the Defendant 1 driven CK5 cars under the influence of alcohol with approximately 0.089% alcohol concentration in the blood alcohol level without obtaining a driver’s license from the front of the 4th-ro apartment road, 139, Sinsi-dong, Singu, Sinri-si, Singu, Seoul, about 22:50 on February 16, 2018 to the front of the 2158 body park.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions: Inquiry into criminal history, application of investigation reports (verification of the records of criminal suspect's drinking and punishment without a license) 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 punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, with the following normal relation with the reasons of sentencing under Article 62-2 of the Criminal Act:

- Unfavorable circumstances: The fact that a person repeats the crime immediately after the lapse of the period of suspension of execution while having three times of drinking driving or one time of non-licensed driving: The confession and reflectivity, the amount of drinking is relatively low, and the minor children are married.

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