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(영문) 수원지방법원 평택지원 2014.04.23 2014고단109
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 May 28, 2007, the defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Dong Branch, and on July 22, 201, as a fine of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Pyeongtaek District Court's Pyeongtaek Site.

On December 15, 2013, the Defendant, without obtaining a driver’s license at around 21:50 on December 15, 2013, driven a Drenk car with approximately KRW 500 meters from the street in front of the soil cafeteria restaurant located in the Doro of Pyeongtaek-si to the front of the original public health clinic located in Pyeongtaek-si in the Doro of Pyeongtaek-si to Pyeongtaek-si, while under the influence of alcohol by 0.067%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the situation of running a motor vehicle under consideration, and a report on the status of driving a motor vehicle under consideration;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Article 148-2 (1) 1 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act applicable to the applicable criminal facts and the

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 a motor vehicle in the state of drinking without the same alcohol, without the license, even though he had the history of criminal punishment four times due to the same kind of alcohol, without permission, in light of the fact that the defendant seems to have the attitude of recognizing the facts charged in the instant case and against his mistake, the defendant again seems not to drive a motor vehicle, there is no history of punishment higher than the fine, and there is no record of punishment higher than the fine, the degree of the drinking alcohol in the instant case, and other various circumstances shown in the record, such as the defendant's age, character and behavior, family environment, etc.

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