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(영문) 수원지방법원 여주지원 2019.05.10 2019고단239
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2011, the Defendant issued a summary order of KRW 3 million with a fine of KRW 5 million at the Suwon District Court on April 29, 201, a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving without a license), a violation of the Road Traffic Act (driving without a license) at the Suwon District Court on April 29, 201, and a summary order of KRW 2 million with a fine of KRW 1 million at the Suwon District Court on February 11, 2019.

On March 13, 2019, the Defendant, without obtaining a driver’s license on March 13, 2019, driven DK5 automobiles from the section of approximately 9 km away from the section of approximately 9 km to the national highways next to the exit of the 3km-si, Echeon-si, in the state of under the influence of alcohol of 0.124% of blood alcohol concentration in 0.124%.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal records;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking into account the circumstances unfavorable to the offender, such as the frequency of punishment under Article 62-2 of the Criminal Act for the same kind of offense for which punishment is imposed, the level of drinking alcohol for the crime of this case, and the fact that the offender has been punished for driving under drinking, etc., and the fact that the offender has failed to do so for a long time, the fact that the offender does not have been punished beyond the fine, the fact that the offender is not subject to re-offending by disposing of the vehicle, the fact that the applicant supports the

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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