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(영문) 수원지방법원 여주지원 2015.07.01 2015고단410
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 June 11, 2010, the Defendant was punished by a fine of 2 million won for a violation of the Road Traffic Act at the Seoul Central District Court on June 22, 2010, by a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the same court on June 22, 2010, and on March 28, 2014, by a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the leisure branch of the Suwon District Court on March 28, 2014, the Defendant issued a summary order of 4 million won for a violation of the Road Traffic Act, respectively.

On February 11, 2015, the Defendant, without obtaining a driver's license on February 11, 2015, driven B Bbe-cr-cricking car at approximately 900 meters away from the subscopic Do of Gangnam-gu Seoul Samsungdong to the 44th roads of Songpa-gu Seoul Olympic Games, while under the influence of alcohol of 0.070%.

Accordingly, the Defendant, who had driven a motor vehicle twice or more as such, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Report on the circumstances of driving without a license, and inquiry letter of driver's license;

1. Previous records of judgment: Criminal records, written judgments, etc., previous records of disposition and results of confirmation, and application of 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. In light of the fact that even though a number of records, including the records of the suspension of the execution of the reasons for sentencing under Article 62-2 of the Criminal Act, the community service order and the order to attend lectures, have reached the same kind of crime, it shall be subject to strict punishment.

However, the punishment was determined in consideration of the sentencing grounds stipulated in Article 51 of the Criminal Act, such as the confession and reflect of the defendant.

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