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(영문) 수원지방법원 여주지원 2019.03.25 2019고단37
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(Criminal Power) On March 2, 2016, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on March 2, 2016, and was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on September 23, 2016.

(Criminal) On December 5, 2018, at around 13:18, the Defendant driven without registration 50cc, under the influence of alcohol concentration of 0.157%, without obtaining a driver’s license for a 1.4km driver’s license from the front of Echeon-si B to the front of D in Echeon-si.C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report (1.2), photograph;

1. Report on the status of running a driving under the direction of the driver, report on the circumstantial statement of the driver under the direction of the driver, and investigation report;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he had a record of drinking alcohol driving and driving without a license, even though he had been punished two times.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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