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(영문) 수원지방법원 평택지원 2013.04.24 2013고단151
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power” On May 25, 201, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution due to the obstruction of performance of official duties, etc. at the Seoul Central District Court, and was sentenced to a summary order of 4 million won by the same court on September 2, 2011, which was sentenced to a fine of 1.5 million won due to the violation of the Road Traffic Act from the Suwon District Court’s site site, and the same court on December 7, 2012, issued a summary order of 4 million won by the same court.

【Criminal Facts of Crimes】 On December 17, 2012, at around 23:25, the Defendant driven a D Abcom motor vehicle under the influence of alcohol content of 0.068% while under the influence of alcohol without obtaining a driver’s license from the front of the new high school located in Pyeongtaek-si (Seoul High School) to the front of the Pyeongtaek High School located in Pyeongtaek-si joint-dong of Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the status of a drinking driver, and a master-employed driver;

1. A driver's license inquiry;

1. Before ruling: Application of each copy of summary order and criminal records-related 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. The Defendant committed the instant crime even though he/she was sentenced to a fine twice due to drinking driving during the period of probation, and in particular, the Defendant committed the instant crime after receiving the second summary order for the same type of crime, and there is a need to keep the Defendant from committing the instant crime even though he/she was sentenced to a punishment for a selective sentence of imprisonment, so it is inevitable to sentence the Defendant on the grounds that it is necessary to keep the Defendant’s minor attitude in light of such a law.

However, in light of various sentencing factors, such as the fact that the Defendant recognized the instant crime, and the blood alcohol content of this case is not significantly high, the sentence of imprisonment with prison labor with prison labor with the minimum amount to be mitigated according to statutory punishment is to be imposed. It is so decided as per Disposition.

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