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(영문) 수원지방법원 2013.08.13 2013고단2217

도로교통법위반(음주운전)등

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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 March 28, 2008, the Defendant was punished by a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court on March 28, 2008, and a fine of two million won or more for the same crime at the same court on April 2, 2010.

On May 12, 2013, at around 05:30, the Defendant driven a Bra vehicle at the section of about 3 km in front of the Suwon Police Station located in the same Sin-gu, Suwon-gu, Suwon-si, without a driver’s license, from the front of the water station located in the Suwon-gu, Suwon-gu, Suwon-si, the Defendant driven a Bra vehicle at the section of approximately 0.186% in front of the Suwon Police Station located in the same Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. 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. 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;