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(영문) 수원지방법원 여주지원 2018.12.07 2018고단1055
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2009, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act (drinking driving) at the inn of the source method of the water source. On February 9, 2015, the Defendant issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act (drinking driving) at the inn of the source method of the water source.

On November 4, 2018, the Defendant, without obtaining a driver’s license for a motor device bicycle, driven a bicycle without registration from approximately 600 meters to about 100 meters in the direction of 0.13% alcohol level in blood, without purchasing a mandatory insurance policy, and without purchasing a mandatory insurance policy, driven a bicycle for a 50 motorCC device to be taken from about 60 meters in the direction of about 600 meters in the direction of the farming mastro, Ma-si, Macheon-si, Macheon-si, Macheon-si, Macheon-si, 105.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of second-class Acts and subordinate statutes of the summary order;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the crimes of violation of the Road Traffic Act, between crimes of violation of the Road Traffic Act, and crimes of violation of the Road Traffic Act, and a punishment imposed on the former sentence with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has been punished several times due to driving under the influence of alcohol shall be considered in consideration of unfavorable circumstances, but the fact that the situation is human and reflects, that it appears that the vehicle is not operated after being punished due to driving under the influence of alcohol in around 2015, and that the vehicle again is not driving under the influence of alcohol, shall be considered favorable circumstances.

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