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(영문) 수원지방법원 평택지원 2013.04.10 2012고합330

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 7, 2007, the Defendant was issued a summary order of KRW 3 million by a fine of KRW 1 million on the grounds of a violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong site, and on May 13, 201, at the same court on May 13, 2011, a summary order of KRW 1 million was issued.

【Criminal Facts】

On August 20, 2012, at around 12:30, the Defendant driven a two-wheeled vehicle of the 50CC under the influence of alcohol content of 0.057% without obtaining a motorcycle driver’s license from around 704-41 in front of the 704-41, Pyeongtaek-nam-ro, to the front side of the Dobongnam-do, the 1km-do, in front of that of Pyeongtaek-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation 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 2 of Article 154 and Article 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 of Article 62-2 of the Criminal Act on probation and order to attend a lecture is five times due to drinking or non-licensed driving, and the defendant once again drives drinking or non-licensed driving, despite having a record of criminal punishment twice due to drinking or non-licensed driving, and the defendant's liability for the crime is not minor in that it causes traffic accidents in the process.

However, the fact that the defendant seems to have been at the time of committing the instant crime, and that there is no record of punishment exceeding the fine, etc., shall be considered as favorable to the defendant, and other factors.