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(영문) 수원지방법원 평택지원 2015.08.28 2015고단833
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Seo-gu District Court Branch Branch of the Daegu District Court on December 29, 2008; on June 17, 2009, the above court issued a summary order of KRW 2 million for the same crime, etc. on November 9, 2009; on June 2009, the above court was sentenced to a suspended sentence of imprisonment with prison labor for the same crime, etc.; on February 6, 2013, the Daegu District Court was sentenced to one year for a suspended sentence of six months for the same crime; and on March 8, 2013, the above court was issued a summary order of KRW 3 million for a fine of the same crime.

Although the Defendant had had had a driving under the influence of alcohol more than twice, on May 29, 2015, the Defendant again driven a Btoscar car at approximately 500 meters away from the front Dogwon of Pyeongtaek-dong 152-3 on May 29, 2015 to the front road of a car agency located in the same 386-5, and without a driver’s license, while under the influence of alcohol with a blood alcohol concentration of 0.098% without a driver’s license.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle without obtaining a driver’s license under the influence of alcohol.

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: Criminal records, etc. inquiry reports and investigation reports (applicable to the same type of criminal records and attachment of judgment) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act have six times the records of punishment for the defendant with the same kind of error, and in particular, the defendant misleads the defendant of the same kind of error.

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