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(영문) 수원지방법원 성남지원 2014.07.31 2014고단1129

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.However, the execution of the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act, and on December 15, 2008, to a fine of KRW 2.5 million to a fine for a violation of the Road Traffic Act, etc. at the Sungwon District Court's Sungnam Branch Branch on December 15, 2008. On August 12, 2009, the Defendant was sentenced to a summary order of KRW 5 million to a fine of KRW 1 million at the Seoul Southern District Court on August 12, 2009. On February 14, 2013, the Defendant was sentenced to a summary order of KRW 5 million to a fine of KRW 1 million at the Seoul Southern District Court on February 14, 2013.

On May 7, 2014, the Defendant was under the influence of 0.099% of blood alcohol concentration without obtaining a driver’s license at around 07:30 on May 7, 2014, and the Defendant was driving a Clearning car at approximately 1 km from the vicinity of the Tridong in Seongbuk-gu, Sungnam-si to the roads near the same city’s river near the YGGA.

Summary of Evidence

1. Defendant's legal statement;

2. A report on detection of a host driver;

3. Registers of driver's licenses.

4. Previous records of judgment: The application of criminal records, repeated statements, and 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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

5. Article 62 (1) of the Criminal Act;

6. Probation and community service order under Article 62-2 of the Criminal Act;