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(영문) 수원지방법원 평택지원 2014.12.05 2014고단1624
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2007, the Defendant was sentenced to a suspended sentence of ten months with prison labor for a violation of the Road Traffic Act, etc. at the wooden Branch of the Gwangju District Court. On June 3, 2011, the Defendant was sentenced to a summary order of 1.5 million won as a fine for a violation of the Road Traffic Act from the Suwon District Court’s Pyeongtaek Housing Site Board to a fine of 1.5 million won.

On August 28, 2014, at around 19:40, the Defendant, at around 19:40, driven a C rocketing car owned by the Bank of Bank, which is under the influence of alcohol concentration of about 0.308% without obtaining a driving license from around 800 meters in a normal circulation of the same city to around 129-8.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records: Criminal records, etc. inquiry reports, copies of summary orders, and application of Acts and subordinate statutes of the judgment;

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. 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 a license even seven times the same drinking, driving skills without a license, despite the fact that the defendant drives a motor vehicle without a license in the state of considerable drinking. However, the defendant recognizes the facts charged in this case and expresses his mistake, again helps the defendant not to drinking, drive a license without license, and the execution of imprisonment is suspended by taking into account the defendant's age, character and behavior, family environment, etc., and other circumstances indicated in the records, such as the defendant's age, character and behavior, and family environment, and the execution of imprisonment shall be suspended for a long period of time, taking into account the fact that the same kind of punishment power is high.

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