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(영문) 수원지방법원 성남지원 2013.03.28 2013고단330

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

[criminal power] On September 14, 2007, the Defendant was notified of a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on September 14, 2007, and the same court on January 10, 2012 notified of a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On January 26, 2013, the Defendant, while under the influence of alcohol by 0.120% without a vehicle driver’s license, driven C-Scar car at a section of approximately 1.5 km in front of the road near the two-dong in the same city in the Go-gu Gyeong-dong, Gwangju Metropolitan City, in the status of alcohol by 0.120% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the register of driver's licenses (criminal records) inquiry report, investigation report (Attachment to summary orders);

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 the choice of imprisonment with prison labor;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62-2 of the Criminal Act of the Demotion Order;