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(영문) 수원지방법원 안산지원 2013.11.01 2013고단2121

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 18, 2013, the Defendant received, from the Suwon District Court, a summary order of KRW 2.5 million for a violation of the Road Traffic Act, a fine of KRW 2.5 million for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the same court on November 13, 2009, respectively.

2. On August 19, 2013, the Defendant driven a BFD car owned by the Defendant under the influence of alcohol content of 0.175%, without a vehicle driver’s license, from a section of about 200 meters from the front of the agricultural and fishery products market in the vicinity of the Ansan-si, Ansan-si, to the stormer road located in the same 533-18, from around August 19, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Application of statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, the choice of imprisonment for a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant has no previous conviction or heavier than the suspension of execution and the fact that the defendant repents his mistake);

1. Order to attend lectures under Article 62-2 of the Criminal Act;