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(영문) 수원지방법원 여주지원 2018.11.13 2018고단29
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

1. On December 24, 2017, the Defendant driven a passenger vehicle B with B, from a section of about 200 meters in the front of the passenger-only hotel in Ischeon-si to the front road of the passenger-only hotel in Ischeon-si, 0.136% alcohol concentration in the blood without obtaining a driver’s license on December 24, 2017.

2. On December 18, 2017, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) with a charge of violating the Road Traffic Act, and on December 24, 2017, Article 44(1) of the Road Traffic Act was violated two times or more by driving a vehicle under the influence of alcohol content of at least 0.136% in blood on December 24, 2017, and on January 22:5, 2018, the Defendant driven a vehicle with a blood alcohol concentration of at least 0.074% in alcohol concentration from the front day of the Central Teachers' Street in Ischeon-si to the front day of the Hacheon-si road located in Ischeon-si with a alcohol content of at least 150 meters in front of the west-si.

Summary of Evidence

1. Each place of criminal;

1. Statement on the circumstances of the driver at each driving school;

1. The ledger of driver's licenses of each motor vehicle;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes reporting previous convictions and results thereof;

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

1. Crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a crime under any provision of Articles 40 and 50 and a crime under any provision of traffic law and a violation of traffic law on roads; a punishment provided for a crime under any provision of traffic law which is heavier than punishment shall be imposed);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act by aggravation of concurrent crimes (the aggravation of punishment prescribed for a crime of violating the Traffic Act on January 2, 2018 with heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act, the suspension of execution;

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