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(영문) 수원지방법원 2018.06.21 2018고단2263
도로교통법위반(무면허운전)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 is a person who driven a motor vehicle under the influence of alcohol on December 2, 2012 (an order of a summary order of KRW 4 million is issued in the support of Suwon Friwon, December 28, 2012), who driven a motor vehicle under the influence of alcohol on February 8, 2018 (an order of KRW 3 million is issued at the Suwon Friwon, March 28, 2018), and violates Article 44(1) of the Road Traffic Act at least twice.

On March 26, 2018, the Defendant driven a B car under the influence of alcohol of 0.139% in alcohol while driving the B car without obtaining a driver’s license in the section of approximately 6km from 3.10,000 to 519-1 in the middle fest road of the e-mail Eup in the e-mail, the e-mail Eup in the e-mail, the e-mail, the e-mail, the e-mail of which is the e-mail of 0.139%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and on-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the previous conviction of the disposition, and the summary order, to two Acts and subordinate 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. 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. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act has the history of driving alcohol more than twice, and on March 23, 2018, the Defendant, whose driver’s license was revoked due to driving under the influence of alcohol, was not easy to commit such crime, and the Defendant, while driving under the influence of alcohol, was leaving the road and leaving the vehicle to the right side. There is no risk. The Defendant, even though he was discovered by driving under the influence of alcohol in February 2018, did not run two months after he was found to have been driving under the influence of alcohol.

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