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(영문) 수원지방법원 2013.08.28 2013고단2686

도로교통법위반(음주운전)등

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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 10, 2007, the defendant was sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act at the Incheon District Court, and on December 26, 2012, the defendant was sentenced to suspension of indictment for the crime of violation of the Road Traffic Act at the Sungnam District Prosecutors' Office at the Sungnam District Court on December 26, 201.

On May 25, 2013, at around 05:42, the Defendant driven a B-C motor vehicle under the influence of alcohol content of about 10 0.157% without a car driver’s license, from the front side of the early 806-3, the front side of the wife population of Gyeonggi-do, to the front side of the death of the State, No. 43, the same Sin-dong 43, the death of the Sin-dong 10km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. and investigation reports (former and confirm);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (The following favorable sentencing grounds shall be considered):

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the execution of the sentence shall be suspended considering the following: (a) although the defendant has been punished for driving under influence of alcohol and driving without a license on three occasions; and (b) he/she has been suspended one time of suspension of indictment, the nature of the crime is inferior by driving under drinking and driving without a license,

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;