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(영문) 수원지방법원 평택지원 2013.07.03 2012고합387
도로교통법위반(음주운전)등
Text

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

[Criminal Power] The Defendant was issued a summary order of KRW 700,000,000,000,000,000 won on May 26, 2008 as a crime of violation of the Road Traffic Act in the Seocheon Branch of Daejeon District Court.

【Criminal Facts】

On October 14, 2012, the Defendant, without obtaining a driver’s license at around 00:30 on October 14, 2012, driven a F Eccoo vehicle at the same time from the front of the end of the Shi-si “bunpy Market” 0.148%, while under the influence of alcohol with a blood alcohol concentration of 0.148%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the current state of state of drivers, the register of driver's licenses, and the table of requests for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes concerning 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. 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 reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is likely to be criticized in that the defendant once again imprisoned or driven without a license despite the fact that he/she had been subject to criminal punishment twice due to drinking or refusing to measure drinking.

However, considering the fact that the defendant seems to be aware of and reflect the crime of this case as favorable to the defendant, the court shall take into account the circumstances favorable to the defendant, and shall determine the punishment as ordered by taking into account various circumstances, such as the defendant's age, character and conduct and environment,

It is so decided as per Disposition for the above reasons.

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