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(영문) 수원지방법원 2014.04.30 2014고단933

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 February 21, 2007, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and KRW 4 million with a fine of KRW 1 million due to a violation of the Road Traffic Act at the Suwon District Court on July 11, 2012.

On January 18, 2014, at around 23:50, the Defendant, without obtaining a driver’s license, driven Bone Star Corspick in the section of about 1km from the frontway of the Suwon Motor Vehicle Inspection Station located in 240 to the intersection of heating works located in the Young-gu, Young-si, Suwon-si, Suwon-si, in the state of alcohol of 0.225% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated: Application of inquiries, such as criminal records, investigation reports (pre-driving prior to driving and confirmation reports), and other Acts and subordinate statutes;

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. 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. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act shall be suspended to suspend the execution of the sentence, taking into consideration the fact that the defendant has been punished for driving under the influence of alcohol again, even though it is not very good that the crime is committed by drinking again

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;