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(영문) 수원지방법원 2018.04.10 2017고단8007
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

On June 25, 2014, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on June 23, 2017, the Defendant issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (drinking driving) at the support for development of Friwon method, and has the history of violating Article 44(1) of the Road Traffic Act at least twice.

On November 3, 2017, at around 23:55, the Defendant driven Bsch Rexton vehicle under the influence of alcohol concentration of about 100 meters from the front road of the Gu to the front road of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, and the front road of the office distance of the Suwon-si, Suwon-si, the Defendant driven a vehicle under the influence of alcohol concentration of about 0.128% without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at home, a report on the circumstances of the driver at home and a report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and the statutes attached to a summary order;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a defendant's without a license or driving under the influence of alcohol, and the nature of the crime is not less than 0.128%, and the amount of alcohol concentration in blood due to the drinking of this case is not lower than 0.128%, and the defendant is found to have been exposed to driving under the influence of alcohol on June 19, 2014 and the driver's license was revoked on April 15, 2017, even though the driver's license was revoked, there is a lot of possibility of criticism in that the defendant committed the crime of this case only seven months thereafter.

However, the defendant is not a party.

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