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(영문) 수원지방법원 성남지원 2015.08.27 2015고단1281

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 April 23, 2014, the Defendant was issued a summary order of KRW 700,000 by the same court on April 26, 2012 as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on April 23, 2014, and such previous records and records are three times in total. < Amended by Act No. 11488, Apr. 26, 2012>

【Criminal Facts】

On June 14, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle on June 17:10, and, while under the influence of alcohol of 0.180%, the Defendant driven a motor vehicle with freight from CRaan in the section of about 70 km in the direction of Incheon in the Young-dong Expressway at approximately 120km at the time of the designation of the original city of Gangwon-do from the Manyang-do Payang-do Payang-do Payang-do aptitude of the Mayangyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on driving of a drinking driver, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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