(영문) 수원지방법원 여주지원 2018.07.10 2018고단563

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(영문) 수원지방법원 여주지원 2018.07.10 2018고단563

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2008, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking), etc., in the leisure support by the source of a water source method, and was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking) on May 15, 2017.

On June 20, 2018, the Defendant driven a 200-hour B SV125 Obama from the front side of the White-si in Echeon-si to the front road of Echeon-si, 0.183% alcohol concentration in the blood without obtaining a driver's license for a motor device bicycle for light of 14:15 on June 20, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

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 Article 154 subparagraph 2, and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the 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. It is so decided as per Disposition by comprehensively taking account of all kinds of sentencing conditions under Article 51 of the Criminal Act, including the point of time and reflection of the sentencing of Article 62-2 of the Criminal Act, the number of drinking alcohol and driving distance, the frequency and degree of punishment for the same kind of crime, the defendant's age, sex, environment, etc.

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