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(영문) 수원지방법원 2014.06.25 2014고단1889

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 January 2, 2008, the Defendant issued a summary order of KRW 1 million at the Sungwon District Court's Sung-nam Branch for a fine of KRW 1 million, KRW 5 million on June 10, 201, KRW 5 million due to a violation of the Road Traffic Act (driving), and KRW 6 million at the Suwon District Court on June 20, 201, and KRW 6 million due to a violation of the Road Traffic Act (driving).

On April 7, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven BM3 automobiles under the influence of alcohol concentration of about 0.090% without obtaining a driver’s license from the Do in front of the car page located in the Gyeonggi-gu Gang-gu, Gyeonggi-do, Gyeonggi-do, to the road in front of such day-to-day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, response to inquiries, investigation reports (Attachment to summary orders of the same kind of case);

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. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the execution of the sentence shall be postponed by taking into consideration the confession, reflectivity, and the fact that there is no special criminal record in addition to the confession, reflectivity, and fines even though the defendant was punished for driving under the influence of alcohol 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;