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(영문) 수원지방법원 2014.07.16 2014고단2308

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 July 6, 2007, the Defendant was sentenced to a suspended sentence of 6 months by the Seoul Southern District Court for a violation of the Road Traffic Act, etc., and on September 19, 2012, the Defendant was notified of a summary order of 5 million won by the Suwon District Court for a violation of the Road Traffic Act.

On May 4, 2014, at around 00:29, the Defendant, without obtaining a driver’s license, driven a B car in front of the Sejong National University located in the Young-gu, Young-gu, Suwon-si, in the state of alcohol of 0.097% of the blood alcohol concentration, before the Sejong National University located in the Young-gu, Suwon-si, the Defendant driven a B car in front of the Sejong National University, which is located in the same 5 kilometers of the Sejong National University.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry statements, investigation reports (Attachment to the same criminal records and judgments) and other 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. 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 sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act provides that the execution of the sentence shall be suspended at a cycle of a suspended sentence, considering the fact that the defendant has been punished for driving five times, but it is not good that the crime is committed

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