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(영문) 수원지방법원 평택지원 2014.11.27 2014고단1549

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] On January 7, 2014, the Defendant was issued a summary order of KRW 4 million from the same support to a fine for the same crime on the same day.

【Criminal Facts】

On October 2, 2014, at around 02:57, the Defendant driven a Category B motor vehicle under the influence of alcohol content of at least 0.114% without obtaining a driver’s license from the Do in front of the Pyeong Sea State, which is located in Pyeongtaek-si Seo-dong, to the hampe in front of the hart in the same Dong at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the state of the driving without a driver's license, inquiry into the results of the crackdown on the driving without a driver's license, report on the state of the driving without a driver's license;

1. Computerized output, such as the ledger of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other 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. 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. The crime of this case on the grounds of probation and community service order sentencing Article 62-2 of the Criminal Act is a case where a defendant drives a motor vehicle without a driver's license, and the defendant committed the crime of this case on the ground of the fact that the defendant had been already punished twice due to a drunk driving, even though he had the record of punishment two times, the crime of this case on the ground that he again

However, probation and community service order are suspended on condition of probation and community service, considering various sentencing factors, such as the defendant's age and family relationship, including the fact that the defendant is against the recognition of the crime and there is no criminal conviction exceeding the fine.