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(영문) 수원지방법원 평택지원 2014.08.06 2014고단718
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 27, 2009, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act, etc. on the site of Suwon District Court on December 10, 2009, the Defendant was sentenced to a suspended sentence of 4 months for the same crime, etc. in the same court on December 10, 2009, and was sentenced to a suspended sentence of 6 months for the same crime, etc. on October 17, 2012 by the same court on April 16, 2013, and was in violation of Article 44 (1) of the Road Traffic Act, including the termination of the execution of the sentence.

On May 25, 2014, the Defendant: (a) without obtaining a driver’s license at around 17:45 on May 25, 2014, and driven a car at the section of about 30 meters from the front day of the front day of the front day of the front day of the front day of the front day of the dead mountain lebane, which is located in the slowly 4-20% low alcohol concentration of 0.161% under the influence of alcohol; and (b) drive the car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The driver's license ledger;

1. Previous records: Application of criminal records and other inquiry reports and individual identification and confinement status 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 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation appears to be the defendant's attitude to recognize the facts charged of this case and reflect his mistake, and the fact that the defendant sold the vehicle of this case that he driven, etc. is favorable to the defendant, but the defendant has been punished six times due to the same kind of drinking and driving without a license, and the defendant committed the crime of this case without being able to engage in a repeated offense during the period of repeated offense as determined in its holding, and the amount of drinking alcohol of this case is considerably high.

The age, character and conduct of the defendant;

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