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(영문) 수원지방법원 평택지원 2013.04.10 2012고합294

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

Reasons

Punishment of the crime

[criminal power] The Defendant was issued a summary order of KRW 1.5 million on September 11, 2007, and KRW 2 million on February 24, 2012, by a fine of KRW 2 million on the site of Suwon District Court as a violation of the Road Traffic Act.

【Criminal Facts】

On August 16, 2012, at around 22:00, the Defendant driven CK5 automobiles without obtaining a driver's license in a state of alcohol alcohol concentration of approximately 0.089% from the 70-meter radius to the front road of Dong-dong Park located in Pyeongtaek-si-dong.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driven under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, even though he/she had a record of criminal punishment several times due to drinking driving, etc., the criminal liability of the defendant is not somewhat applicable.

However, in light of the following: (a) the Defendant was willing to refrain from driving under the influence of alcohol again while committing the instant crime; (b) the driving distance of driving under the influence of alcohol without the instant license is relatively short; and (c) the Defendant’s age and character, motive for committing the instant crime, circumstances after committing the instant crime, etc., the sentence as ordered shall be determined by taking into account the following circumstances:

order for any reason above.