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(영문) 수원지방법원 안양지원 2015.01.15 2014고단1666

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 July 22, 2011, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act in the same court on March 9, 2012.

On October 2, 2014, at around 22:47, the Defendant driven CK5 cars while under the influence of alcohol with a blood alcohol concentration of 0.139%, even before the road in the same Si-dong on the roads near the Gunpo-dong in Sipo-si, Sipo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving without a license, inquiry into the results of the control of drinking driving, and statement on the state of drinking drivers;

1. Records before judgment: Application of inquiry reports and investigation reports (reports accompanied by summary orders) including criminal records, etc.;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant committed a crime of driving without a license with a significantly high drinking alcohol, even though he/she was punished twice due to drinking alcohol, and the nature of such crime is not easy.

In addition, in 2012, in consideration of the fact that a fine of 4 million won has been received due to a crime of driving without a license for drinking in 2012, it is necessary to punish the person.

However, it is more favorable to the fact that the defendant has no criminal record of suspended execution or more, that the defendant has committed a crime, which led to his or her misunderstanding, and that the defendant seems to support his or her family while running his or her personal business.