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(영문) 수원지방법원 여주지원 2018.09.12 2018고단709
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] The Defendant is a person who violated Article 44(1) of the Road Traffic Act on July 25, 2014, by issuing a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the inn of the Flag method source on July 25, 2014, and by issuing a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the inn of Flag method source on September 11, 2017.

[2] On December 2, 2017, at around 13:55, the Defendant driven a body car with approximately KRW 0.050 percent alcohol level in the section of approximately 500 meters, from the front of the so-called apartment house, located in the Yacheon-si Yacheon-si, Yacheon-si, Yacheon-si, to the front road of the same city, or from the front road, while driving a body car without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. The driver's license ledger;

1. Previous convictions: The application of a reply to inquiry, such as criminal history, each disposition, previous convictions and results confirmations, to reported 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. 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include three times the Defendant, who had been punished for driving under drinking, and the Defendant was under the influence of driving under the influence of alcohol on June 2, 2017, but was under the influence of driving under the influence of alcohol on June 2, 2017.

However, there is no high alcohol concentration among the measured blood, and the defendant is against the crime and will not repeat the crime.

There are many things.

In this case, the defendant stated in the investigative agency.

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