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(영문) 수원지방법원 안양지원 2013.12.12 2013고단1408
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 February 7, 2013, the Defendant was issued a summary order of KRW 8 million with a fine of KRW 1,500,000 for a crime of violation of the Road Traffic Act and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) at the Seoul Central District Court of Seoul, and on June 14, 201, the Defendant was issued a summary order of KRW 1,50,000 for a fine of KRW 1,50 for a crime of

On September 13, 2013, the Defendant, without obtaining a driver’s license at around 01:55, driven a BMW car from the front of “consia” located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, to the front road of approximately 5km-dong, Nam-gu, Incheon, at approximately 734-18, with a blood alcohol concentration of 0.12%.

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 of judgment: Application of criminal records, inquiry reports, investigation reports (a copy of the same type of force judgment attached) and 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. 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 under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant had been punished for the same kind of crime several times, it is not good that the crime was committed in the instant case. However, in light of the fact that the defendant's reflects against himself and again does not commit such crime, the punishment shall be determined like the order.

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