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(영문) 수원지방법원 안양지원 2014.09.18 2014고단1115

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

The Defendant was issued, respectively, a summary order of KRW 5 million on December 21, 2012, a fine of KRW 1.5 million on July 26, 2010, a summary order of KRW 1.5 million on October 19, 2007, and a summary order of KRW 700,000 on October 19, 2007.

On June 13, 2014, at around 00:48, the Defendant was under the influence of alcohol by 0.127% with blood alcohol concentration without obtaining a driver’s license, and the Defendant was driving a B theme car at the section of approximately 1.5 km from the Anyang International Distribution Complex located in the Anyang-si Winter-dong, Ansan-si to the head office of the Sinpo City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal history records, investigation reports (a copy of the same type of summary order attached), and application of three copies of the summary order under Acts and subordinate statutes of three copies;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is willing not to repeat a crime in violation of his depth);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;