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(영문) 수원지방법원 2015.05.27 2014고단734

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant was driven under the influence of alcohol 0.140%, without obtaining a driver’s license, at a section of about 500 meters in front of the LGbest-dong in the same city of Jinst-dong, from the front of the west-dong in the TGst-dong, at around 22:32 on the same day, the Defendant was driven under the influence of alcohol 0.140% in blood alcohol level without obtaining a driver’s license from the front of the LGst-dong in the same city of Jinst-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. Mandatory insurance policies;

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

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant committed the instant crime even though he/she has been punished once due to drinking, driving without a license: The fact that the defendant recognizes the instant crime and reflects the fact that he/she has no record of criminal punishment except for the two-time fines due to drinking, driving without a license; and that there is no record of criminal punishment; the above circumstances and the age of the defendant, character and behavior, environment, etc. shall be determined within the scope of the applicable sentences under the law, taking into account all the factors of sentencing, such as the above circumstances