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(영문) 수원지방법원 평택지원 2013.10.02 2012고합368
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 19, 2007, the Defendant was issued a summary order of 2 million won for the crime of violating the Road Traffic Act at the Suwon District Court on the grounds of the violation of the Road Traffic Act, and on November 20, 2008, the Defendant was sentenced to a suspended sentence of 1 year for six months with prison labor for the same crime.

【Criminal Facts】

On October 3, 2012, at around 00:38, the Defendant driven C E200K car without a vehicle driver’s license in the 2km section from the front of the bridge located in Pyeongtaek-si, Pyeongtaek-si to the front of the Korean Industrial Complex located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on drivers and the register of driver's licenses;

1. Previous records: Application of criminal records, etc. and other 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, even though the Defendant had a record of criminal punishment four times due to drunk driving or unlicensed driving, it is likely to criticize that the blood alcohol content of the instant case is 0.134% high.

However, considering the fact that the defendant's time to commit the crime of this case and appears to be favorable to the defendant, the court shall take into account the circumstances favorable to the defendant, and shall determine the punishment as ordered by taking into account various circumstances, such as the defendant's age, character and conduct and environment,

It is so decided as per Disposition for the above reasons.

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