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(영문) 수원지방법원 2018.09.06 2018고단4062
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant driving a motor vehicle under the influence of alcohol on April 29, 2013 (the issuance of a summary order of a fine of three million won at the Seoul Central District Court on June 10, 2013), driving a motor vehicle under the influence of alcohol on January 31, 2018 (the issuance of a summary order of a fine of four million won at the flood source method on March 14, 2018), and violating Article 44(1) of the Road Traffic Act on at least two occasions.

On July 17, 2018, at around 02:13, the Defendant driven a B B B B B B B Blue vehicle with a alcohol content of 0.109% under the influence of alcohol without obtaining a driver’s license from a section of about 900 meters from the front of the influe restaurant located in Suwon-si transfer-dong to the front day of the Suwon-si transfer-dong, Suwon-si, to the front day of viewing.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of a non-licensed driver;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of driving force under drinking);

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. 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. On February 25, 2018, the crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has the career of driving alcohol at least twice, and the defendant whose driver's license was revoked due to driving under drinking was revoked on February 25, 2018, and the quality of the crime is somewhat poor.

However, the records, such as the defendant's age, sex, environment, motive, means and result of the crime, etc., are as follows: the defendant has no record of being punished for a stay of execution or more until then, and there is no record of the defendant's age, sex, environment, motive, means and consequence of the crime.

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