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(영문) 수원지방법원 평택지원 2015.01.22 2014고단1749
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2011, the Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act, such as a fine of KRW 2.5 million for a violation of the Road Traffic Act, and (b) a fine of KRW 4 million in the same court on December 2, 2011; (c) but (d) committed two or more violations of Article 44(1) of the Road Traffic Act, such as having been issued a summary order of KRW 4 million for the same crime; (b) on October 12, 2014, the Defendant driven a B-ho vehicle at approximately 15 km from the front of a mutually influent restaurant in Pyeongtaek-si and Seo-dong under the influence of alcohol content of KRW 0.195% without obtaining a driver’s license on October 21, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of drinking control, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime, subparagraph 1 of Article 152 of the Road Traffic Act and subparagraph 1 of Article 152 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and lecture attendance order Article 62-2 of the Criminal Act is a letter of high blood alcohol content and requires strict punishment in that they have been punished twice or more due to the same kind of crime. However, considering the fact that the confession of the crime was made, and that the same crime is committed again, the defendant will not be repeated at once. However, the punishment is determined as ordered in consideration of the defendant's age, character and behavior, circumstances after the crime, etc.

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