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(영문) 수원지방법원 2015.07.09 2015고단1432
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 October 2, 2008, the Defendant issued a summary order of 700,000 won to a fine for a violation of the Road Traffic Act at the Suwon District Court, and on May 22, 2013, the Defendant had the record of violating Article 44(1) of the Road Traffic Act, such as being issued a summary order of 4 million won for the same crime by the same court.

On December 22, 2014, at around 23:50, the Defendant, without obtaining a driver’s license, driven a vehicle of 3 km-turturd with C in the section of about 3 km from the front of the influent City B to the front of the influence Eup at the same time from the roads of 0.051% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of criminal records, reply statements, 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. Article 53 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into consideration the various circumstances, such as the fact that the defendant’s reasons for sentencing and attending lectures under Article 62-2 of the Criminal Act reflects the defendant, the fact that there is no record of punishment exceeding the fine, the fact that the blood alcohol content is significantly high, the need to take measures to prevent recidivism, and the fact that it is necessary to take measures to prevent recidivism,

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