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(영문) 수원지방법원 성남지원 2014.07.04 2014고단1263

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, 2009, the Defendant was issued a summary order of 2.5 million won by committing a violation of the Road Traffic Act (driving) at the Seoul Southern District Court, and was sentenced to a fine of 3 million won by the Seoul Southern District Court on July 5, 201.

On March 27, 2014, at around 20:52, the Defendant, without obtaining a driver’s license on March 27, 2014, driven B rocketing car at approximately 300 meters in front of the lusium located in the lusium in the lusium in the lusium in the lusium in Gwangju-si, Gwangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order have been sentenced to a fine on several occasions due to drinking or unlicensed driving, but considering the fact that the defendant is committed while committing a crime, and the defendant is repented, and that he is not able to drive under the influence of alcohol or without obtaining a license, the punishment shall be determined as ordered by the order.