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(영문) 수원지방법원 평택지원 2014.06.19 2014고단522
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On March 4, 2005, the Defendant was issued a summary order of KRW 3 million at the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 4 million on December 26, 2007 at the Pyeongtaek District Court's Eunpyeong District Court's site, etc., and on November 7, 2007, the Defendant was sentenced to a suspended sentence of 2 years for 6 months on the grounds of a violation of the Road Traffic Act (driving) at the Suwon District Court's Pyeongtaek District Court's site, and was sentenced to a suspended sentence of 6 months on May 31, 201, respectively.

【Criminal Facts】

On April 26, 2014, at around 16:05, the Defendant driven a B Mt Motor Vehicle under the influence of alcohol content of 0.191% without obtaining a driver’s license in approximately 1.5km section from the Raberber Rober Ka Center in front of the Ttri in the same sular road to the 1.5km village hall in front of the same sular road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, the report on the status of operating a motor vehicle under consideration, the report on the status of the motor vehicle under consideration;

1. Report on the situation of driving without a license, and the driver’s license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) 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. 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant, prior to the instant case, was punished twice by a fine by causing a traffic accident while driving under influence of alcohol, driving without license, and driving under influence without license, and even though he had the record of being sentenced two times of suspended sentence, he/she once again drinks and driving without license.

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