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(영문) 수원지방법원 여주지원 2013.12.16 2013고단762

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 2007, the Defendant was sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on March 2, 2007, and was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on September 19, 2006.

At around 20:50 on July 19, 2013, the Defendant driven a B knife vehicle without the driver’s license in the section of approximately 2 km from the restaurant of “Yicheon Sauri Sari State” to the front road of “Yacheon-gun gas station in the same military area,” where the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.139%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A driver's license inquiry;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including the case where the defendant has no criminal record of the same kind of suspended sentence or heavier);

1. Probation and order to provide community service and attend lectures, the main sentence of Article 62-2 (1) and (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;