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(영문) 수원지방법원 2013.06.14 2012고합1125

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 December 5, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Seongbuk Branch on April 22, 201, a fine of KRW 2 million as a crime of violation of the Road Traffic Act at the Jeonwon District Court on April 22, 201, and a fine of KRW 7 million at the Suwon District Court on May 2, 2012, and receiving a summary order of KRW 7 million for a violation of the Road Traffic Act at least twice.

At around 01:00 on October 13, 2012, the Defendant driven a Csch Rexton car under the influence of alcohol content of about 0.096% without obtaining a driver’s license from approximately 5km section from the front of the correction station located in the Yeongdeungpo-gu Seoul Metropolitan Government 01:0 to the front road of the same 307-dong with the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, the register of drinking cards, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, US records and results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant committed the instant crime again on May 2, 2012, on the ground of sentencing under Article 62-2 of the Criminal Act, where he/she was sentenced to a fine on two occasions due to drinking driving, drinking driving, driving without a license, etc., as stated in the first head of the criminal facts in the judgment, and only five months due to drinking driving, driving without license, etc. on May 2, 2012, and road traffic.