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(영문) 수원지방법원 평택지원 2018.08.10 2018고단552
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

[criminal history] On February 24, 2008, the Defendant was issued a summary order of KRW 1.5 million on the grounds of a violation of road traffic law at the Suwon District Court on the grounds of a violation of road traffic law (dacting driving), and a fine of KRW 5 million on August 27, 2009 at the Seowon District Court's Support for the Incheon District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (dacting on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. of Specific Crimes (dacting on the Aggravated Punishment, etc.), and on May 9, 2013, the Defendant was punished for a violation of road traffic law (dacting on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. of the Aggravated Punishment, etc. on the Aquatic District Court on the grounds of a violation of road traffic law (dacting on September 26, 2013).

[2] On April 3, 2018, the Defendant driven B motor vehicle under the influence of alcohol content of 0.128% without obtaining a motor vehicle driver’s license in approximately 200 meters in a three range range from the front day of the mar of the mar in the mar of the mar Do of Ansan-si to the front day of the same Ri from the mar mar of the mar Do of Ansan-si to the day of the convenience store in the same mar.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (Attachment to the previous convictions in the same case and other related 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The suspended sentence of imprisonment for the same kind of crime, the fact that there has been records of being sentenced to the punishment, and the fact that the numerical value of the drinking of this case is considerable: Confession, reflectivity, and recidivism later;

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