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(영문) 수원지방법원 평택지원 2014.10.08 2014고단1213

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 December 15, 2008, the Defendant received a summary order of KRW 2 million from the Suwon District Court as a crime of violating the Road Traffic Act, and on February 25, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act from the Suwon District Court’s Eunpyeong Site as a penalty of violating the Road Traffic Act.

On July 28, 2014, at around 04:20, the Defendant driven a B 130-car owned by the Defendant without obtaining a driver's license with a blood alcohol concentration of about 4km from around 0.102% at the 4km section to the front road of the Korean National University, Hannam University, which was located in the Gyeonggi-do Pungdong in the Gannam-si of Gyeonggi-do, to the front road of the same Sigyeong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiries about criminal records, etc. and copies of summary order 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 the motor vehicle of this case without a license three times the same drinking driving skills and two without a license in a considerable drinking situation. However, in light of the fact that the defendant recognized the facts charged in this case and took an attitude to reflect his mistake, the defendant again helps the defendant not to drive drinking, without a license, and there is no record of punishment exceeding the fine, and other various circumstances shown in the records, such as the defendant's age, character and conduct, family environment, etc., the decision is made as ordered.