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(영문) 수원지방법원 평택지원 2015.02.26 2015고단32
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 February 18, 2013, the Defendant used a summary order of KRW 5,00,000 for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) at the Ulsan District Court on April 16, 2014, and the summary order of KRW 6,00,000 for the same crime was notified to the Incheon District Court on April 16, 2014. However, on December 22:45, 2014, the Defendant driven a B-te car at approximately 300 meters in front of the Doropo Road at the Doropoon in Pyeongtaek-si in the influence of alcohol concentration of KRW 0.136% under the influence of alcohol without a motor vehicle driver's license, from the front of the Doropoon at the Doropoon Doropo-Eup in Pyeongtaek-si to the front of the convenience store of the Doro 1139.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the results of the control of drinking driving, the ledger of driver's licenses, and making an inquiry into the vehicle;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, confirmation of criminal records, and application of Acts and subordinate statutes governing summary orders;

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. The sentencing of Article 62-2 of the Criminal Act requires that there is no room for prior action in that the person is repeatedly committing the same kind of crime within the short period of punishment. However, confession of the crime, the fact that there is no past record of punishment exceeding the fine, the fact that the person does not repeat the same crime, and the fact that the defendant's age, character and conduct, circumstances after the crime, etc. are considered, and the punishment as ordered shall be determined as per Disposition.

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