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(영문) 수원지방법원 평택지원 2018.01.19 2017고단2164
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

[criminal history] On July 26, 2004, the Defendant was issued a summary order of KRW 2 million for a violation of road traffic law in the support of the Daejeon District Court on July 26, 2004. On April 13, 2009, the Defendant was issued a summary order of KRW 2 million for the same crime from the Suwon District Court’s Pyeongtaek District Court to a fine of KRW 2 million for the same crime. On December 18, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violation of road traffic law (unlicensed driving) in the support of the Chungcheong District Court’s Chungcheong District Court on December 18, 2009. On June 26, 2014, the Defendant was sentenced to imprisonment for 8 months and a suspended sentence of 2 years for a violation of road traffic law (driving under drinking) from the Suwon District Court’s method.

[2] On November 8, 2017, the Defendant: (a) driven a car without a driver’s license from approximately 500 meters away from approximately 500 meters away from the roads near the 1351 Bantan registry to the roads front of the KEB Han Bank located in the same city tourism special zone; and (b) driven a car without a driver’s license, under the influence of alcohol concentration of about 0.240%.

Accordingly, the Defendant driven a car without a driver's license even though he had a driving force of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A report on investigation;

1. Each photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (in compliance with the summary order and attachment of the judgment attached thereto) 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 (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order: The fact that there was a record of the suspension of the execution of imprisonment, a fine, and a concurrent punishment due to the same crime, and this case.

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