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(영문) 수원지방법원 2014.04.24 2014고단317

도로교통법위반(음주운전)등

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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 January 10, 2007, the defendant was issued a fine of one million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on January 10, 2007, and a fine of 2.5 million won for a violation of the Road Traffic Act in the Daejeon District Court's Support on April 2, 2008.

At around 08:00 on August 9, 201, the Defendant, without obtaining a driver’s license, driven a BM520 vehicle while under the influence of alcohol content of about 0.101% through a section of approximately 2km from the Sejong-dong-dong-dong-dong-dong-dong to the end-end road in the same Pyeongtaek-dong-dong-dong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the previous records and summary order);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Feb. 1, 201>

1. Suspension of execution: Article 62 (1) of the Criminal Act (Concurrent Consideration for reasons for discretionary mitigation);

1. Order to attend lectures: Article 62-2 (1) of the Criminal Act;