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(영문) 수원지방법원 평택지원 2014.01.10 2013고단1462
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

[criminal power] On July 17, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Suwon District Court on July 17, 2009, and a fine of five million won for a violation of the Road Traffic Act at the same court on May 14, 2010, and three times for the same criminal records.

【Criminal Facts】

around 22:30 on October 28, 2013, the Defendant, without obtaining a driver’s license for a motor vehicle. While under the influence of alcohol with a blood alcohol content of 0.154%, the Defendant driven the volume of B rocketing motor vehicle at approximately three kilometers from the 3 kilometers of the Hapan airfield to the Hapan airfield street on the roads near Pyeongtaek-si, Hapan-do, Geum-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other 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. Article 62 (1) of the Criminal Act;

1. As indicated in the first sentence of Article 62-2 of the Criminal Act, the Defendant repeatedly committed the instant crime with the same kind of force as indicated in the judgment of sentencing, and the blood alcohol concentration of this case also high, the Defendant is selected to be sentenced to imprisonment in that it is recognized as a crime, the criminal records exceeding the fine, and the fact that he/she is willing not to drive under the influence of alcohol again, etc. shall be determined by taking account of various sentencing conditions as indicated in the records, and the punishment shall be determined as per the disposition, and probation, etc. shall be ordered as well as the following: (a) the Defendant is judged to have a high risk of recidivism, such as

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