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(영문) 수원지방법원 여주지원 2015.07.13 2015고단476
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 March 23, 2012, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on March 23, 2012, and on May 21, 2013, the Defendant issued a summary order of three million won for the same crime, etc. at the Jung-gu District Court on May 21, 2013, and on November 18, 2014, the Defendant issued a summary order of three million won for the same crime of violation of the Road Traffic Act (Free Driver) to the same court on November 18, 2014.

Criminal facts

On June 2, 2015, at around 09:30, the Defendant, without obtaining a driver’s license under the influence of alcohol with a blood alcohol content of 0.10%, driven a B-E-Vehicle car not covered by mandatory insurance in the 3km section of approximately 6 km-ro 15 square meters prior to the same Sin-ro 6-ro 15-dong office, from the front of the 2720-gil 3km-ro 27, E-si, E-si, E-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and on-site photographs;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Before ruling: Criminal history records, inquiry reports, investigation reports, application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (operation of Non-Insurance Vehicles);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 an order to attend a lecture has several times of the same kind of records as the sentencing of Article 62-2 of the Criminal Act, but again commits the crime of this case, it is necessary to impose a strict punishment.

However, the fact that the defendant confessions and reflects the crime, and has no record of the same kind as the suspended execution.

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