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(영문) 수원지방법원 2015.03.26 2015고단50

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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 1, 2011, the defendant was sentenced to a summary order of 2.5 million won for the crime of violation of the Road Traffic Act at the Suwon District Court, and on August 22, 2012, the defendant received a summary order of 1.5 million won for the violation of the Road Traffic Act from the Suwon District Court to a fine of 1.5 million won for the violation of the Road Traffic Act at least twice.

On November 26, 2014, at around 01:49, the Defendant driven a B-motor bicycle under the influence of alcohol with a blood alcohol concentration of 0.201%, without obtaining a motorcycle driver's license from the front day of the restaurant located in the Suwon Sycho-gu Sycho-gu Seoul Metropolitan City to the front day of the same Suwon Fire Station.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, report on detection of a drinking driver, register of a drinking driver, and register of driver's licenses;

1. Previouss before judgment: Application of a reply to criminal records, replys to investigation, and Acts and subordinate statutes (reports on the same type of criminal records);

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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the reflection of gender, the imposition of a fine in excess of the punishment, the imposition of a fine, the imposition of a sentence in family, etc.);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;