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(영문) 수원지방법원 안양지원 2014.05.22 2014고단374

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 June 20, 2008, the Defendant issued a summary order of KRW 1 million to a fine of KRW 200,000 for a violation of the Road Traffic Act at the Suwon District Court on June 20, 2008, and on December 2, 2012, this Court issued a summary order of KRW 1.5 million to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

On January 10, 2014, the Defendant: (a) without obtaining a driver’s license on January 23, 2014; (b) 0.113% of the blood alcohol concentration while under the influence of 0.113% of the alcohol concentration, and driven a car in the 4km section from the front of the road in the city of Overcheon-si to the 526th road in the city of Overcheon-si.

Summary of Evidence

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

1. A report on investigation (22 pages, 45 pages);

1. The driver's license ledger;

1. The suspect's mobile phone calls;

1. Application of the Acts and subordinate statutes in the form of stopping of a vehicle at the time the suspect is discovered, the form of photograph of a suspect vehicle, the form of photograph at the time the suspect is discovered, and the form of passage of a suspect vehicle collection device (AV)

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 (including the fact that there is no criminal record exceeding the fine imposed on the accused, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;