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(영문) 수원지방법원 평택지원 2018.10.25 2018고단1005
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[205] On February 16, 2012, the Defendant was sentenced to a suspended sentence of two months by imprisonment for a violation of road traffic law at the Seoul Southern District Court on February 16, 2012. On October 26, 2012, the Defendant was subject to a suspended sentence of two or more times due to drinking, such as being sentenced to a fine of seven million won by the Seoul High Court for the same crime.

Nevertheless, on June 15, 2018, the Defendant driven C observer car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.057% in blood from around 100 meters to around 124 in the same city-based city.

[2018 Highest 1321] On August 3, 2018, the Defendant driven a C observer car from the front side of the “Seoul High School Co., Ltd., Li-dong, Li-dong, Li-dong, Li-dong, Li-dong, Li-dong, Li-dong, Li-dong, Li-dong, Li-dong, Li-dong, Li-dong, Li-dong, Li-dong, Ki-dong, Ki-dong, to the private distance of the same city.

Summary of Evidence

[2018 Highest 1005]

1. Statement by the defendant in court;

1. A report on investigation;

1. Notification of the results of regulating drinking driving;

1. Written reply to inquiries, such as criminal history (2018 highest 1321);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a vehicle operation statement and a vehicle driver's license ledger;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 reason for sentencing under Article 62-2 (1) of the Criminal Act for the protection and observation of the community service order and the provision of community service order is that the defendant has been punished for the crime of violating road traffic laws on several occasions, and driving the instant drinking again is also a mother;

After that, even though it is not good to commit another crime in that he again drives without a license, the defendant would not dispose of the vehicle by breaking his mistake and again drive the vehicle.

2.3.4

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