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(영문) 수원지방법원 안산지원 2018.05.18 2018고단390
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[2018 Highest 390, Apr. 24, 2007, the Defendant issued a summary order of KRW 2,00,000,000 as a crime of violating the Road Traffic Act (driving) at the Busan District Court’s Branch on April 24, 2007, a summary order of KRW 1,50,000,000 as a fine for the same crime from the support of the Suwon branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of the Republic of Korea on June 9, 2010, and a summary order of KRW 5,00,000 as a fine for the same crime on June 20, 2013, respectively.

Although the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice, on December 25, 2017, the Defendant driven an Esp motor vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.102% without obtaining a driver’s license from the front corner of the Defendant’s house located in Ansan-si, Ansan-si to the front edge of the sports park located in D located in the city of Ansan-si to the front corner of the shooting distance.

[2018 Highest 810] On March 4, 2018, the Defendant driven a Switzerland car without a vehicle driver’s license within approximately 300 meters from the front of the member C in Ansan-si to the front road of the neighboring park located in Ansan-si F from the front of the member C in Ansan-si, Ansan-si.

Summary of Evidence

[2018 Highest 390]

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. A previous conviction in judgment: A written inquiry and a criminal investigation report (Confirmation of the same type of force);

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Between the crimes on December 25, 2017);

1. Selection of each sentence of imprisonment with prison labor for the selection of the sentence (such as the record of the punishment for the same type, the degree of alcohol in the blood, and the fact that a person commits an act of driving a driver without permission even though he/she

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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