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(영문) 수원지방법원 성남지원 2014.06.13 2014고단900

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 December 23, 2011, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on December 23, 201, and on February 15, 2012, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on February 15, 201.

On March 22, 2014, the Defendant, without obtaining a driver’s license at around 22:30 on March 22, 2014, driven approximately 500 meters of the freight vehicle C, while under the influence of alcohol at 0.185% of the blood alcohol concentration, on the roads near the Yannam-gu Pakdong located in Sungnam-gu, Sungnam-gu, Sungnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (attached to the same criminal records and summary orders);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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. Probation and community service order Article 62-2 of the Criminal Act has been sentenced three times to a fine due to drunk driving. However, considering the fact that the accused is the time of committing a crime, the accused is repenting, and the drinking driving is not possible again, the punishment shall be determined as ordered by the order.