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(영문) 수원지방법원 2014.05.22 2014고단222

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

[criminal power] On March 16, 2007, the defendant was issued by the Suwon District Court with a fine of KRW 700,000,000 as a crime of violation of the Road Traffic Act, and a fine of KRW 2 million as a crime of violation of the Road Traffic Act in the same court on July 27, 2007.

【Criminal Facts】

On December 22, 2013, the Defendant, without obtaining a driver’s license at around 23:18 on December 22, 2013, driven a 150-meter d-pack driver’s vehicle from the front of a cafeteria located in the wife population Kim Jong-dong to the front of the modern apartment located in the same Dong, in the condition of under the influence of alcohol by 0.075% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses, etc.;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (former and previous written judgments attached thereto);

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. 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., reflective points);

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that detention of the accused is deemed to entail excessive difficulty to his/her dependants);

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;