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(영문) 수원지방법원 평택지원 2013.06.19 2012고합126
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 September 10, 2007, the Defendant issued a summary order of KRW 1500,000,000,000,000,000,000,000,000 won due to the same crime on February 11, 201.

【Criminal Facts】

On February 22, 2012, at around 23:06, the Defendant driven a C EFststuna car with a blood alcohol concentration of 0.132%, without a car driver’s license, from the 2km road in front of the Songwon-dong, Pyeongtaek-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of standing and statement, and the register of driver’s licenses, etc.;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The possibility of criticism is not small in that the defendant, for the reason of sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture, has a history of criminal punishment three times due to drinking driving, etc.

However, considering the fact that the defendant was expected to be aware of and reflect on the crime of this case, the fact that the defendant has no record of punishment heavier than a fine, etc., as favorable to the defendant, and taking into account other circumstances that are conditions for sentencing, such as the age, character, conduct and environment of the defendant, the punishment as ordered shall be determined

It is so decided as per Disposition for the above reasons.

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