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(영문) 수원지방법원 성남지원 2012.12.27 2012고합538
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

On October 2, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on December 9, 2008, the above court received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act.

On November 6, 2012, the Defendant, without obtaining a driver’s license at around 17:30 on November 6, 2012, driven B B bee or car owned by the Defendant on the front side of the iron shop located in Sungnam-si, Sungnam-si, 307-16, in a state of alcohol alcohol level of 0.153%.

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. The driver's license ledger;

1. Previous for judgment: Application of Acts and subordinate statutes to inquiries, such as criminal records, investigation reports, and copies of each summary order attached thereto;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances shall be considered for the suspension of execution:

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant driven under the influence of alcohol without a driver's license even though he had the history of being subject to four times or punishment due to drunk driving, and that the blood alcohol concentration level is relatively high, etc., it is recognized that the Defendant is in need of strict liability.

However, the defendant was punished for drinking or driving without a license for the last four years. The defendant's awareness of the crime of this case and reflects depth, driving distance is short.

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