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(영문) 수원지방법원 안양지원 2013.04.18 2013고단307

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 November 14, 2008, the defendant was sentenced to a fine of three million won for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving) in the Suwon District Court's Ansan Branch on November 14, 2008, and three million won for the same crime in the same court on February 12, 2009.

On March 11, 2013, the Defendant driven a vehicle with a blood alcohol content of 0.132% under the influence of alcohol without a vehicle driver’s license, from approximately 500 meters to the Hanyang Oil Station located in the front of the Cheongic Vibration Sea Station in the Hanyang-dong, Ansan-si, Mayang-si, Mayang-si. The Defendant driven a vehicle with a blood alcohol content of 0.132% under the influence of alcohol without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry into driver's license, inquiry into the results of the control of drinking driving, and a circumstantial report on drinking drivers;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report on attachment of the same type of judgment) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 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. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times due to drinking driving, and again commits the crime of this case, is not good in light of the nature of the crime of this case. However, the fact that the defendant was aware of the crime of this case and is against the depth of the mistake, that the defendant is going not to drive under drinking again, and that he is going not to drive under drinking again, and other sentencing conditions in the records, such as the defendant's age, character and behavior, shall