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(영문) 수원지방법원 2014.04.16 2014고단590

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 August 7, 2012, the Defendant issued a summary order of fine of one million won for a crime of violation of the Road Traffic Act at the Suwon District Court on August 7, 2012, and on February 6, 2013, the Defendant issued a fine of four million won for a crime of violation of the Road Traffic Act.

On December 29, 2013, at around 15:09, the Defendant driven C Aburgn-turged car with a blood alcohol concentration of about 0.071% without a car driver’s license at a section of about 30 meters from the 30-meter back of the same middle distance from the Gang-si Don-si, Gyeonggi-si.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Report on the state of drinking practice and the results of the control of drinking driving;

1. Previous record: Criminal history records and other inquiries, investigation reports, and application of Acts and subordinate statutes of a summary order;

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 (Article 62 (1) of the same Act provides that the execution of the sentence shall be postponed, considering the following: (a) although the defendant was punished for driving under the influence of alcohol and driving without a license again, the nature of the crime is not good by drinking and driving without a license, the confession, reflectivity, and blood alcohol concentration

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