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(영문) 수원지방법원 2018.04.24 2017고단7860
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

On January 16, 2009, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act (drinking driving) from a water source method source on the part of the Defendant. On February 13, 2009, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act (drinking driving) in the same court on February 13, 2009, and on April 27, 201, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of four million won for a violation of the Road Traffic Act (drinking driving) on at least two occasions.

On October 13, 2017, the Defendant driven BM5 car under the influence of alcohol content of 0.121% without obtaining a driver’s license from approximately 1km section from the front of a mutually influent restaurant located in the local Eup in the native-nam-si to the front day of the 7-lane 7-lane in the native-nam-nam-si in the eternic City to the front day of the aggregate located in the eternic City.g., 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report on the occurrence of the case, report on the situation of the driving of the week, report on the situation of the driving without a license, and report on the situation of the driver at home

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Records of judgment: Application of an inquiry letter, investigation report (the confirmation of criminal records of the same kind) and other relevant Acts and subordinate statutes;

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 (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. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, who has been able to drive under drinking not less than twice a license or drinking without permission, and the quality of the crime is not less than 0.121%, and the amount of alcohol concentration in the blood due to drinking in this case is not lower than 0.121%, and the defendant was punished three times by a fine due to driving under the influence of alcohol, and the defendant was punished on April 8, 201.

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