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(영문) 수원지방법원 평택지원 2014.11.14 2014고단1360
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 24, 2010, the Defendant issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on April 29, 201, 7.5 million won by the same crime, etc. at the Suwon District Court on April 29, 2014, and has two times of drinking driving, refusal to measure drinking, and two times of driving without a license by violating Article 44(1) of the Road Traffic Act at least two times.

On August 14, 2014, at around 03:15, the Defendant, without obtaining a driver’s license, driven CM5 vehicles at a section of about 20 km from the front of the Geong-gu terminal located in the safe-si 0.114% of alcohol level, to the sM5 vehicles, from the front of the Geong-gu terminal in the safe-si and tin-si, in the safe-to-day situation, to the construction before the construction of the scam.

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. Investigation reports (demark);

1. Records before judgment: Application of inquiries about criminal records, etc. and a copy of each summary order;

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. Probation, community service order, and order to attend the course of sentencing under Article 62-2 of the Criminal Code, even though the defendant had been punished for the same drinking or driving without a license four times, the criminal liability is unlimited in light of the fact that the defendant drives a motor vehicle without a license in a considerable drinking condition. However, the defendant recognized the facts charged in this case and is against his/her wrongness; again, he/she has no record of punishment exceeding a fine due to the same mistake; and there is no record of punishment exceeding a fine due to the same mistake; and other records, such as the defendant's age, character and behavior, family environment, etc.

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