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(영문) 수원지방법원 성남지원 2018.06.07 2018고단808
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

On November 20, 2012, the Defendant issued a summary order of KRW 1,00,000,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) at the Suwon Friwon method, on October 16, 2013, a summary order of KRW 5,00,000 as a fine for the same crime in the same court on the same day, and on April 11, 2016, a summary order of KRW 5,00,000,000 as a fine for the same crime, respectively.

Although the Defendant had been punished twice or more as a crime of violating the Road Traffic Act, the Defendant was parked on the road in front of the Sungnam-si Bag-si without obtaining a driver’s license around November 22, 2017, and was under the influence of alcohol 0.08% in blood while under the influence of alcohol 0.08%.

C Habn-pured car driven a approximately seven-meter distance by driving it.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 (Punishment provided for in a crime of violating the Road Traffic Act with heavier 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. In light of the fact that the reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order have caused the defendant's criminal records and minor accidents in this case, the nature and circumstances of the crime are not absolute.

However, there is no record that the defendant was punished in excess of a fine due to the same crime.

The defendant's mistake is not re-offending by disposing of the vehicle and informing it to the company or its surroundings.

In addition, the Criminal Code is amended.

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