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(영문) 수원지방법원 평택지원 2014.11.07 2014고단1370
도로교통법위반(음주운전)등
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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 August 27, 2014, at around 13:33, the Defendant driven a eFyst or other car without obtaining a driver's license in a 2 km section from the front of the city in Pyeongtaek-si, which is located in Pyeongtaek-si, to the front of the coal station located in the same city, to the front of the coal station in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the circumstances of drinking drivers;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing compulsory insurance;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

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 without mandatory insurance without a license even though he/she has the same kind of drinking, driving skills without license, even though he/she had four times of driving skills without license. However, in light of the fact that the defendant recognized the facts charged in this case and seems to reflect his/her mistake, the defendant again helps the defendant not to drive a motor vehicle without drinking, there is no record of punishment exceeding a fine due to the same mistake, and there is no record of punishment exceeding a fine due to the same mistake, and other various circumstances shown in the records, such as the defendant's age, character and behavior, home environment, etc., the

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