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(영문) 수원지방법원 성남지원 2015.08.13 2015고단1036

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 4, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on September 4, 2013; on May 27, 2013, a fine of KRW 5 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed Driving) at the same court on May 27, 2013; on December 12, 2012, the same court was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 30, 2015, around 20:30, the Defendant driven a CEX car without a vehicle driver’s license at approximately 4 km section from the roads near the Stak Stak Stak Stak Sta to the roads near the Haak Pak Stari-ro, Haak-ro, Hanam-si, with a blood alcohol concentration of at least 0.097%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;