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(영문) 수원지방법원 평택지원 2013.11.13 2013고단1182
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] On August 2, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime from the same support to the same crime on February 17, 2012, and a fine of KRW 2 million from the same support to the same crime on August 6, 2009, respectively.

【Criminal Facts】

On September 3, 2013, at around 01:45, the Defendant driven CA car within approximately 400 meters from the front 400 meters from the road of Pyeongtaek-si in the galone galone galle-Eup, under the influence of alcohol content of 0.107% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment of the same type of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The probation and the order to attend a lecture, as stated in the first head of the judgment of sentencing in Article 62-2 of the Criminal Act, shall be given a suspended sentence only once taking into account the various sentencing conditions shown in the records, such as the fact that the defendant, who has been punished several times for the same kind of crime, committed the crime, but the defendant recognizes the crime and reflects the fact that the defendant is not driving under drinking, and the defendant is going to not driving under drinking again, and the probation and the order to attend a lecture shall also be issued to prevent recidivism.

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