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(영문) 수원지방법원 2018.05.30 2018고단1785
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 4, 2005, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon Flag Flag Flag Flag on November 29, 2010, a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the same court on January 29, 201, and on May 18, 2015, the same court issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (driving) at the same court on April 27, 2016.

[2] On March 20, 2018, the Defendant driven a B K9 vehicle while under the influence of alcohol content of 0.058% without obtaining a driver’s license from the 2nd 2nd west 2nd west 2nd west 9nd east 2nd east 300 meters away from the 300nd west 9nd east 2nd east 2nd east 201, the Defendant driven a vehicle while under the influence of alcohol content of blood.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. To provide community service and attend lectures under Article 62-2 of the Criminal Act;

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