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(영문) 수원지방법원 평택지원 2014.09.24 2014고단691
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 February 4, 2008, the Defendant was issued a summary order of KRW 300,000 as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine for the same crime from the same support on September 26, 2013, respectively.

On March 15, 2014, at around 13:55, the Defendant driven a B tax while under the influence of alcohol alcohol concentration of about 0.118% without obtaining a driver's license in the 3km section of approximately 3km from the Do in front of the new town in Ansan-dong to the road in the Dongin Hospital located in the same city-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc. and 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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant drives a motor vehicle without a license in the state of considerable drinking in spite of three times the same drinking and driving without a license. However, the defendant seems to have the attitude of recognizing the facts charged in this case and reflecting his mistake. In other words, the defendant has no record of being sentenced to a higher punishment than a fine, and the defendant's age, character and behavior, family environment, etc. are considered in light of various circumstances indicated in the record.

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