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(영문) 수원지방법원 평택지원 2014.10.08 2014고단1089

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On January 24, 2007, the Defendant was sentenced to a suspended sentence of 1.5 million won for a fine of 1.5 million won for a violation of the Road Traffic Act, from the Busan District Court's Branch on January 21, 2009 to a fine of 1.0 million won for the same crime, from the Busan District Court's Branch on August 7, 2009 to a fine of 3 million won for a violation of the Road Traffic Act, etc. at the Suwon District's Branch on August 7, 2009 to a fine of 3.0 million won for a violation of the Road Traffic Act, on April 13, 2010 to a suspended sentence of 4 months for a violation of the Road Traffic Act, at the Suwon District Court's Ansan Branch on April 23, 2014 to a suspended sentence of 2 years for a violation of the Road Traffic Act.

On June 22, 2014, the Defendant, despite the history of criminal punishment twice or more due to drunk driving, driven a B knife vehicle from approximately 300 meters in front of the restaurant at Pyeongtaek-si and the same Dong under the influence of alcohol level of 0.138% without obtaining a driver's license, on June 22, 2014, at around the same time, while under the influence of alcohol level of 0.138%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal history records, etc. inquiry reports, each copy of the judgment, and each copy of each summary order;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the circumstance favorable to the Defendant; (b) the Defendant has a history of having been subject to criminal punishment on several occasions due to the same drinking or driving without a license (five times a fine, five times a suspended sentence); and (c) the Defendant, in particular, on April 23, 2014.