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(영문) 수원지방법원 평택지원 2015.11.25 2015고단1454
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 July 13, 2011, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act, and KRW 8 million as a fine in the same court on October 17, 2014.

Although the Defendant had had had a driving under the influence of alcohol more than twice, on September 16, 2015, at around 01:03, the Defendant driven a K Kan-Pon car under the influence of alcohol 0.126% without obtaining a driver’s license, in approximately 2km from the front of the Defendant’s office in Pyeongtaek-siJ to the front road of the Kan-Pon Police Station located in approximately 17, in the same way, from September 16, 2015.

Accordingly, the Defendant, who had a drunk driving twice or more, once again driven a motor vehicle without a driver’s license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc. and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In light of the fact that the defendant with reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act has been punished five times or more, and the defendant drives the motor vehicle of this case without a license in a considerable state of drinking without a license, the crime liability is very unreasonable, but the defendant recognizes the facts charged in this case and reflects his mistake, and sells the motor vehicle of this case, etc. In addition, the records such as the defendant's age, character and behavior, and family environment are recorded.

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