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(영문) 수원지방법원 여주지원 2016.02.19 2015고단1167
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 200,000 as a fine of KRW 70,000 due to a violation of road traffic law (driving without a license) on April 1, 2014, from the same support on June 9, 2014 to a fine of KRW 700,000,000 as a crime of violation of road traffic law (non-licenseless driving), and on July 3, 2015, with the same support on July 3, 2015.

[2] On November 19, 2015, the Defendant driven a motor vehicle with C low alcohol in the 3km section from the public parking lot in Echeon-ro, 232, E-si, 0.11% under the influence of alcohol during blood without obtaining a driver’s license for a motor vehicle on November 19, 2015 to the same Si unit, from the public parking lot in E-si, E-si, 1231 to the road in front of the Doldong Agency.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. As seen earlier of the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Education, the Defendant has been punished several times for the same kind of crime, and the Defendant has no record of committing the same crime except for the above crime, and there is no record of punishment exceeding the past fine, and the Defendant disposes of the above vehicle in order not to drive in the future, and other favorable circumstances, such as the Defendant’s age, background and family environment, ordinary character and behavior, and circumstances after the crime, etc., are revealed in the instant arguments.

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