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(영문) 수원지방법원 여주지원 2018.04.17 2018고단244
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 26, 2009, the Defendant was issued a summary order of a fine of KRW 2.5 million due to a violation of the Road Traffic Act (drinking driving), etc. on the support by the National Institute of Sugwon, and on December 20, 2010, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving) in the support by the National Institute of Sugwon, and on January 9, 2018, on the ground of the violation of the Road Traffic Act (drinking driving), the Defendant was sentenced to the suspension of the execution of six months of imprisonment with labor for the violation of the Road Traffic Act (drinking driving), and the judgment became final and conclusive on January 17, 2018.

On February 2, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle on February 23:21, 2018, driven the C-wing and C-Motor vehicle at approximately 600 meters away from the Hacheon-si Haak-si Haak-si Hacheon-si Hacheon-si Hacheon-si Hacheon-si Hacheon-si Hacheon-si Hak-si Hak-ri Hak-ri, with a level of alcohol concentration of 0.10%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Investigation report (verification of previous records);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (a non-licenseed driving). Punishment provided for a crime of violating the Road Traffic Act which has heavier punishment;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity and the grounds for sentencing, the circumstances leading to driving, etc. shall be considered as favorable circumstances; however, it has not yet reached the same crime due to the same kind of crime, the defendant has been punished for driving under the alcohol, and the social risks of driving under the influence of alcohol are considered.

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