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(영문) 수원지방법원 2013.03.28 2013고단76

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 March 30, 2007, the Defendant received a fine of KRW 700,00,000 from the Suwon District Court as a crime of violation of the Road Traffic Act, and on December 2, 2010, a fine of KRW 250,000,000 for the same crime from the Suwon District Court as a summary order issued on December 2, 201.

피고인은 2012. 12. 10. 23:00경 자동차운전면허 없이 혈중알콜농도 0.051%의 술에 취한 상태로 수원시 장안구 송죽동에 있는 로얄팰리스 앞 도로에서부터 같은 동 408-3 앞 도로에 이르기까지 약 400미터 구간에서 B 카렌스 차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

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. 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 (1) of the Criminal Act to attend lectures;