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(영문) 수원지방법원 2014.10.16 2014고단4278

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 January 14, 2011, the Defendant was sentenced to a fine of six million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on January 14, 201, and a summary order of four million won for the same crime at the same court on August 14, 2013.

【Criminal Facts】

On July 18, 2014, the Defendant, who had been punished for drunk driving twice or more as above, driven B Mt Motor Vehicles at the section of about 5 km from the influoral surface to the four km-dong, where he was under the influence of alcohol by 0.183% of blood alcohol level without obtaining a driver's license at around 23:20 on July 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. A report on the state of his/her primary driving, the state of his/her statement;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;