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(영문) 수원지방법원 평택지원 2018.05.31 2018고단86
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 20, 2003, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon, and on November 6, 2008, the Defendant was issued a summary order of KRW 700,000 for the same crime in the same court. On April 23, 2010, the Defendant was issued a summary order of KRW 2 million for the same crime from the Jung District Court to the same crime.

[2] On December 24, 2017, the Defendant driven a car without obtaining a driver’s license from approximately 500 meters away from the part of the blood alcohol level to about 0.064% while under the influence of alcohol level from around 64-12, to around 64-2, in the middle of the Gyeonggi-si located in the Gyeonggi-si located in the Eup, Gyeonggi-si. In addition, the Defendant driven a car without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal history, and investigation report Acts and subordinate statutes;

1. Article 148-2 (2) 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 Competition;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- Despite the history of having been punished several times for the same crime, the person has committed another crime of driving without a license for drinking in this case, provided that the driving without a license for drinking in this case does not cause another traffic accident. - The defendant is against his mistake.

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