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(영문) 수원지방법원 평택지원 2015.05.15 2015고단497
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 October 30, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, a summary order of KRW 2 million on July 19, 201, and a summary order of KRW 5 million on June 1, 2013 from the Suwon District Court’s Pyeongtaek District Court’s Eunpyeong Site as a same crime, and a summary order of KRW 5,00,000 as a fine for the same crime, respectively.

As above, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, without obtaining a driver’s license under the influence of alcohol concentration of 0.089%, and driving a B-learning motor vehicle on the front of the Doro Doro Doro 23:10 on March 6, 2015, around 30 meters, at around 58 Doro Doro 23:10.

Accordingly, the defendant, without obtaining a driver's license, driven a motor vehicle at least twice in the influence of alcohol, driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of inquiry reports and investigation reports (the same type of criminal records);

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. 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. In light of the fact that the defendant with the reason of sentencing in Article 62-2 of the Criminal Act of probation and order to attend a lecture has three times or more, driving a motor vehicle without a license in a considerable state of drinking, the charge of the crime is without fault. However, the defendant's acknowledgement of the charge of this case, reflects his mistake, and does not repeat the crime, there is no record of punishment exceeding the fine of the defendant, and other defendants.

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