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(영문) 수원지방법원 2015.03.25 2015고단53

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

On November 12, 2010, the Defendant issued a summary order of fine of KRW 3.5 million at the Suwon District Court on the grounds of the Road Traffic Act, etc., and on July 18, 2013, the same court issued a summary order of KRW 7 million on the grounds of a violation of the Road Traffic Act.

On November 18, 2014, at around 05:50, the Defendant, without obtaining a driver’s license, driven a car with Bal-top in the 2km section from the front of the mutual convenience store located in the Young-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Youngwon-si, to the front of the apartment site at the 2km-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order);

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act shall not apply to a person who has

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