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(영문) 수원지방법원 평택지원 2016.05.13 2015고단1661

도로교통법위반(음주운전)등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law in the support of the Daejeon District Court on the Incheon District Court on October 24, 201, and a summary order of KRW 7 million for the same crime at the Incheon District Court on January 29, 2015, respectively.

On September 25, 2015, at around 09:05, the Defendant driven a b1 ton cargo vehicle B while under the influence of alcohol content of 0.124% while under the influence of alcohol content, without obtaining a driver’s license, in a section of about 1 km from the commercial influorial cafeteria to the 2714 ahead of the 2714 west-do as in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Report on the circumstances of driving without a license;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history, investigation report and summary order attached thereto;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reasoning for sentencing under Article 62(1) of the Criminal Act - The sentence shall be rendered as ordered for the following reasons: (a) the motive and circumstances leading to the crime; (b) the circumstances after the crime; (c) the criminal records; and (d) the age, sexual conduct, intelligence, environment, etc. of the defendant