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(영문) 수원지방법원 2018.12.12 2018고단5735
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force of Crimes】 On August 31, 2007, the Defendant was issued a summary order of KRW 6 million from the Suwon Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising a fine of KRW 5 million, KRW 3 million for the same crime committed at the Seoul Central District Court on September 10, 2007, and KRW 6 million for the same crime on October 11, 2017.

【Criminal fact-finding on September 28, 2018, the Defendant operated a DNA car with approximately 700 meters alcohol concentration 0.077% while under the influence of alcohol in blood without obtaining a driver’s license from the front of the 184 glive road of Suwon-si, Suwon-si to the front road of the Red Cross in the same city area from the front of the 184 glive road to the front road of the 129 glive road of the Red Cross.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a motor vehicle without obtaining a driver’s license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of driving at drinking, notification on the result of regulating drinking driving, and report on the situation of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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 (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend lectures [the scope of punishment] shall be six months to one year and six months of imprisonment (the sentence shall be sentenced).

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