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(영문) 수원지방법원 2018.11.07 2018고단2964
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

1. On October 29, 2010, the Defendant was issued a summary order of KRW 3.5 million for a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking) at the source of a water source method on October 29, 201, and on April 26, 2017 by the same court as a fine of KRW 7 million for the same crime.

On April 15, 2018, the Defendant, while under the influence of alcohol content 0.103% during blood transfusion around 22:20 on April 15, 2018, driven a motor vehicle with 1 km away from the adjacent road of the Yari Yari Yari-si, Osan-ro 62, Osan-ro, Osan-ro, Hasan-ro.

As a result, even though the Defendant violated the prohibition on driving under the influence of alcohol more than twice, he again driven a motor vehicle while under the influence of alcohol.

2. The Defendant, who violated the Road Traffic Act (unlicensed Driving), driven the said car without a driver’s license at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of punishment] The imprisonment of six months or more to one year and six months (decision of sentence] under the following circumstances, and the defendant's age, sex, environment, etc.

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