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(영문) 수원지방법원 평택지원 2014.10.23 2014고단1290
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 11, 2011, the Defendant used a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Pyeongtaek site, and on March 26, 2014, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 3 million for the same crime at least twice in the same court. However, on July 12, 2014, the Defendant driven a e-car at a distance of approximately 800 meters from the front day of the house of a fluent district in Pyeongtaek-si D with a blood alcohol concentration of at least 0.142% without obtaining a driver’s license on July 12, 2014 to the front day of the industrial company in the same region.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. A previous conviction: An inquiry letter and application of each summary order 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. The fact that the confession of the crime of sentencing under Article 62-2 of the Criminal Act is divided, the fact that there is no record of punishment exceeding the fine, the fact that he does not commit the same crime again, and that his will not commit the same crime, and the punishment as the order shall be determined in consideration of the defendant's age, character and conduct, circumstances after the crime, etc.

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