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(영문) 수원지방법원 2012.12.28 2012고합453
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 May 29, 2012, at around 0.21:18, the Defendant driven C Poter Cargo at a section of about 500 meters from the front of the packing end in the vicinity of the Man-si Man-si Man-si Man-si Man-dong to the upper end of the Man-si Man-dong, G Man-si Man-si Man-dong, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes to the criminal place, the circumstantial report on a drinking driver, the results of crackdown on drinking driving, the register of driver's licenses, and the register of car driving; and

1. Relevant provisions of Article 148-2 (2) 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. 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 consideration shall be made again for the reason of sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Code requires strict punishment against the defendant, taking full account of the following: (a) the defendant was driving a motor vehicle without obtaining a driver’s license under the influence of alcohol alcohol level of 0.27%; (b) the defendant committed the crime of this case even though he had been already punished for driving three times under the influence of alcohol level; and (c) the degree of drinking alcohol level of the defendant was not weak.

However, the decision is made by taking into account all the factors such as the motive, means and result of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, family environment, etc.

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