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(영문) 수원지방법원 평택지원 2014.05.01 2014고단226
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

[criminal power] On January 31, 2008, the Defendant was issued a summary order of KRW 150,000,000 for a fine for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch's Ansan Branch's Support, and on February 2, 2009, a fine of KRW 2,50,000 for a violation of the Road Traffic Act (driving) was issued by the Defendant.

【Criminal Facts】

On January 19, 2014, at around 08:25, the Defendant driven a B rocketing car with approximately 500 meters alcohol concentration 0.107% under the influence of alcohol without obtaining a driver’s license from the E-Moel to the same steel path that is coming from the e-Moel that is coming from the e-Moel that is coming from the e-Moel to the e-mael.g., the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and notice of the result of the crackdown on drinking;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previous convictions indicated in judgment: Two copies of summary order, criminal history records, and application of Acts and subordinate statutes to investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order is inevitable in light of the fact that the defendant had already been punished two times for the same kind of crime, such as drinking driving, etc., and the defendant again committed the crime of this case even though he had had the record of punishment two times as the same crime such as drinking driving.

However, the defendant's age, occupation and criminal records, including the fact that the defendant is recognized as committing a crime and is against the law, and there is no criminal record exceeding the fine.

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