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(영문) 수원지방법원 평택지원 2014.04.30 2014고단288

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2008, the Defendant was issued a summary order of KRW 1 million from the Suwon District Court's Busan District Court's Busan Branch to a fine of KRW 1 million as a crime of violation of the Road Traffic Act, and a fine of KRW 3 million from the Suwon District Court's Ansan Branch to the same crime on September 14, 2012.

On November 22, 2013, at around 23:00, the Defendant driven a low alcohol vehicle with alcohol level of 0.057% under the influence of alcohol level, without obtaining a driver’s license from around 150 meters from the roads near the additional digital center in Geumcheon-gu Seoul Metropolitan Government to the roads in front of 959-23, the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of drinking drivers, and notification of the control results of drinking driving;

1. A driver's license inquiry;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of judgment)-related 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 is that the defendant drives a motor vehicle without a license even though he/she had the same drinking driving skills twice in the state of drinking, in light of the fact that he/she drives a motor vehicle without a license in the state of drinking, his/her criminal liability is unlimited, but the defendant acknowledges the facts charged in this case and shows his/her attitude to reflect his/her mistake, again, there is no record of punishment higher than a fine, and there is no record of punishment higher than a fine, and other circumstances shown in the records, such as the defendant's age, character and behavior, family environment, etc.