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(영문) 수원지방법원 평택지원 2014.09.03 2014고단1046

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 2014, at around 23:38, the Defendant driven B freight vehicles at approximately one meter prior to the 551 west-ro west-ro, Stop west-ro, west-ro, 551 while under the influence of alcohol with a blood alcohol concentration of 0.320% without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the statutes on the register of driver's licenses;

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

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. On March 29, 2013, the defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, in light of the driving of the instant vehicle in the state of drinking alcohol concentration of 0.320% without a second license even though he/she had been sentenced to a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) on March 29, 2013, the defendant is not responsible for the relevant crime, but the defendant seems to have committed against his/her mistake. In other words, he/she is aware that he/she will not drive the instant vehicle, helps the defendant not to drive the vehicle under the influence of alcohol, there is no record of punishment heavier than the fine, and other various circumstances shown in the records, such as the defendant's age, character and