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(영문) 수원지방법원 평택지원 2013.08.22 2013고단692
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

[criminal power] On December 9, 201, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court’s House to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on October 5, 2012, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act from the Suwon District Court’s House.

【Criminal Facts】

At around 02:00 on May 25, 2013, the Defendant driven a balp-lurged vehicle owned by the Defendant without obtaining a driving license with a blood alcohol content of about 0.173% at around about 3km from the 3km section of the 3km section, from around the Gongdo-Eup, Gyeonggi-do-si, Gyeonggi-do-si, Jindong-si, Do-si, Do-si, to the entrance distance prior to the entrance and exit of the Do-gu, Gyeonggi-do-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (two copies of summary orders);

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. 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 crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order is a case where a defendant caused a sudden accident while driving a motor vehicle without a driver's license, and the defendant again committed the crime despite the fact that the defendant had been punished twice due to a drunk driving, and that the defendant's blood alcohol concentration corresponds to a relatively high level of higher level, and thus, the criminal liability is not weak.

However, the fact that the defendant is recognized as committing the crime and the defendant has no criminal record exceeding the fine, etc.

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