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(영문) 수원지방법원 여주지원 2016.11.29 2016고단1138
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 November 28, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Sungnam Branch of Suwon District Court on November 28, 2008. On April 14, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the leisure branch of Suwon District Court on April 14, 2016.

【Criminal Facts】

On September 12, 2016, at around 22:36, the Defendant, without obtaining a driver’s license in the state of alcohol alcohol concentration of 0.093%, driven the DNA-learning car at the section of approximately 1.5 km from the front of the expansion distance in Echeon-si to the front road located in Echeon-si B.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Registers of driver's licenses;

1. Previous records: Criminal records, inquiry reports, 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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reasoning for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on the Order of Community Service and Order of Education, and Article 59 of the Act on Probation, etc. is to take into account the defendant's age, family environment, past criminal records, motive for the crime, circumstance after the crime, etc., and other favorable circumstances, such as the fact that the defendant has a history of punishment for the same kind of crime in the past, and that the defendant has no record of punishment exceeding the fine for the same kind of crime.

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