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(영문) 수원지방법원 평택지원 2015.07.16 2015고단792

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 April 20, 2012, the Defendant issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site, and on September 21, 2012, the same court issued a summary order of KRW 2 million with the same crime, but on May 20, 2015, at around 00:0, the Defendant: (a) discovered a vehicle from the front of a restaurant in the vicinity of the Pyeongtaek-si Special Metropolitan City of KRW 1036 to the Pyeongtaek-si Special Metropolitan City of KRW 10,000 to the front of the road; (b) found that the company’s trade name in the vicinity of the Pyeongtaek-si Special Metropolitan City of KRW 1036,00 to the front of the road; (c) found the vehicle’s blood alcohol concentration of KRW 0.066% to the front of the road; and (d) 3:50-day, the Defendant concealed the vehicle from the same police road of KRW 1305.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former records and summary orders attached) Acts and subordinate statutes;

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 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Determination as to whether to apply the sentencing criteria repeatedly for the same crime: The relevant facts; and