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(영문) 수원지방법원 평택지원 2014.08.05 2014고단716
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 19, 2007, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act in the Suwon District Court’s Eunpyeong Housing Site, etc. on August 11, 2013. On January 19, 2013, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act, which was sentenced to a suspended sentence of eight months on January 19, 2013, and was currently under suspended sentence as of January 19, 2013, and was under suspended sentence as of April 17, 2014 without obtaining a driver’s license for blood alcohol concentration of 0.087% under the influence of alcohol in Pyeongtaek-si while under the influence of alcohol at around 0.087% under the influence of alcohol from the front side of Tae-gu apartment road to the front side of the Korean industrial company located in Pyeongtaek-si to Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous records of judgment: Inquiry report, investigation report (the crimes committed during the period of suspension of execution of sentence and the facts subject to the formation of three-year relationship), and application of each statute of the judgment;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is different in the course of the confession of the Defendant. However, the same kind of punishment has reached three times, and the period of probation has not reached three times, and there is no room for the wife in that the Defendant committed the instant crime without any reflection even though he was sentenced to a suspended sentence due to the last crime.

Therefore, considering the age, character and conduct, circumstances after crimes, etc. of defendants, the punishment as ordered shall be determined as per Disposition.

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