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(영문) 수원지방법원 평택지원 2014.07.10 2014고단452

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 February 22, 2001, the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on February 22, 2001, to a fine of six months for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) at the Suwon District Court on July 19, 2002, to a fine of one million won for a violation of the Road Traffic Act (driving without a license) at the Suwon District Court on February 15, 2007, from the Suwon District Court on the site of Suwon District on May 27, 201 to a fine of three million won for a violation of the Road Traffic Act (driving without a license) at the Daejeon District Court on May 27, 201, respectively. < Amended by Act No. 11873, Jul. 19, 2002>

【Criminal Facts】

On November 26, 2013, at around 00:29, the Defendant driven B low-speed car while under the influence of alcohol of about 0.062% of alcohol alcohol concentration in the same rith through the Doininag in the Jinaging of Jing of Jinag through the Doinging of Jinging of Jinag of Jinag of Jinag of Jinag, and the Doingingin industrial complex in the same rith of Ring of ping of the same rith through each other.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (suspect A-like records);

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 reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order has a record of having been sentenced to a punishment due to drunk driving, etc. prior to the instant case, and has a record of being punished as a fine due to drinking or non-licensed driving.