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(영문) 수원지방법원 2013.08.29 2013고단2732

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 December 3, 2012, the Defendant received a summary order of KRW 4 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and KRW 2 million from January 2, 2009 to a fine for the same crime.

On May 20, 2013, the Defendant driven CFD car under the influence of alcohol content of about 0.158% without obtaining a driver’s license in about 1k section from the front side of the modern parking lot located in the front side of the Sing-si, GFD car to the front side of the Myeonggugggg-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the results of the drinking driving control (record of measurements);

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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