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(영문) 수원지방법원 평택지원 2014.11.13 2014고단1255
도로교통법위반(무면허운전)등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 24, 2009, the Defendant was issued a summary order of KRW 5 million by a fine of KRW 5 million at the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving). On February 28, 2014, the same court issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 28, 2014, at around 00:16, the Defendant driven a DSS5 vehicle under the influence of alcohol content of 0.097% without a driver’s license from around the front of the coal station located in Pyeongtaek-dong, Pyeongtaek-dong, to the front road of the Western-dong, Seo-dong, Seo-dong, Seo-dong, the same Sin-dong from around 1.5 km-dong to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. Probation and lecture attendance order Article 62-2 of the Criminal Code does not show any circumstances such as the same punishment power of the same kind as the reasons for sentencing seven times, etc. However, in that the driving under drinking is a serious crime that leads to the death of a person, and that the driving under drinking is a serious crime that leads to the death of a person and does not stop the same crime again, the defendant is given an opportunity to the last offender, but the defendant is given an opportunity in depth, but the punishment is determined as ordered in consideration of the defendant's age, character and behavior, family relation, circumstances after the crime, etc.

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