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(영문) 수원지방법원 안양지원 2012.10.12 2012고합228
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

On January 19, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court, and on November 23, 2007, issued a summary order of KRW 1 million for the same crime at the Seoul East East District Court.

On August 5, 2012, around 05:44, the Defendant driven ChoxG car with approximately KRW 500 meters from the front of the date of the innan-dong in Ansan-si to the same dong Domar-ro distance without a car driver's license, while under the influence of alcohol content of about 0.111%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. Registers of driver's licenses;

1. Each photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act is that the Defendant is highly likely to criticize in that he/she is not aware of the fact that he/she had been punished several times due to drinking driving and has reached an unlicensed driving of the instant case.

However, the sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, motive of the crime and circumstances after the crime of this case, are equally considered and the punishment of this case shall be determined like the order.

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