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(영문) 수원지방법원 여주지원 2015.09.14 2015고단704
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 April 30, 2012, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4,00,000 as a fine in the same court on November 13, 2014 as the same crime in the same court.

On June 20, 2015, the Defendant driven CM5 car under the influence of alcohol content of about 0.156% without obtaining a driver’s license in the section of about 8km-ro 224 meters from the front of the Defendant’s house located in Echeon-si, Seocheon-si, 63, the GM5 car.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a driver and a report on the circumstances of a driver's driving;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related 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 driving sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

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. Although the reason for sentencing under Article 62-2 of the Criminal Act was several times, it is reasonable to impose a heavier punishment in light of the fact that the instant crime was committed, even though the community service order and the order to attend lectures had the same record as

However, the decision shall be made as ordered in consideration of the reasons for sentencing under Article 51 of the Criminal Act, such as the confession and reflect of the crime, the fact that the defendant has no record of the same kind of crime beyond suspended execution.

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