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(영문) 수원지방법원 평택지원 2013.10.10 2013고단1107
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 June 29, 2010, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Suwon District Court’s Eunpyeong site, and a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving on November 2, 2012) in the same court.

On April 7, 2013, at around 23:37, the Defendant driven a B eleg with alcohol level 0.073% under the influence of alcohol level 0.073% without obtaining a driver’s license in a section of about 500 meters from the street in front of the Pyeongtaek-si University located in Pyeongtaek-si located to Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the crackdown on drinking;

1. Report on the situation of driving without a license, and the driver’s license ledger;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports, 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. 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is a case where a defendant drives a motor vehicle without a driver's license, and in light of the fact that the defendant committed the above crime again despite the fact that he had been already punished several times due to drinking and driving without a driver's license, it is inevitable to punish him accordingly.

However, the sentence shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, and criminal records, including the fact that the defendant is against the recognition of the crime, and the sentence of suspended execution is to be imposed on the condition that the order to attend

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