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(영문) 수원지방법원 안산지원 2014.10.21 2014고단664
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On May 9, 201, the Defendant received a summary order of KRW 1.5 million from the Seoul Southern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, on June 27, 2012, a summary order of KRW 4 million from the Seoul Southern District Court to a fine of KRW 1.6 million for a violation of the Road Traffic Act, and on October 29, 2013 from the Seoul Southern Southern District Court to a fine of KRW 6 million for a violation of the Road Traffic Act.

【Criminal Facts】

The defendant is a person who has been punished for drinking twice or more.

On March 1, 2014, at around 22:00, the Defendant driven B Poter Cargo with the blood alcohol concentration of 0.131% while under the influence of alcohol without obtaining a driver's license in front of the luminous lusium located in 437, a lusium in the lusium of light.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. include: (a) the Defendant’s punishment power due to the crime of drunk driving or driving without obtaining a driver’s license is up to seven times; (b) the Defendant committed the crime of unlicensed driving on several occasions without obtaining a driver’s license; (c) the Defendant reflects the Defendant’s mistake; (d) the Defendant has no penal power other than the fine; and (e) the Defendant’s home condition and all of the sentencing conditions shown in the argument

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