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(영문) 수원지방법원 2013.12.04 2013고단5363

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 September 18, 2009, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on September 18, 2009, and a fine of five million won due to a violation of the Road Traffic Act (driving) at the Suwon District Court on April 4, 2013.

On August 29, 2013, at around 11:00, the Defendant driven a BSFCC vehicle under the influence of alcohol concentration of about 0.088% without obtaining a driver’s license in approximately 300 meters from the street before the Suwon-si transfer site to the street before the Suwon-si transfer site 1113-12.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, investigation reports, and statutes, such as criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (limited to the case where the execution of the punishment is suspended, taking into consideration the following facts: although the criminal defendant was punished for driving three times again, the nature of the crime is inferior by drinking and driving without a license, his/her confession, reflectivity, low blood alcohol concentration, and the fact that he/she

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