beta
(영문) 수원지방법원 2014.12.10 2014고단5711

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 7, 2011, at the Suwon District Court, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and issued a summary order of KRW 5 million as a fine in the same court on June 25, 2013.

On October 16, 2014, at around 23:35, the Defendant driven a chip vehicle under the influence of alcohol concentration of about 0.130% without obtaining a driver’s license from the 1km section from the front day of eart, which is located in the e-mail district in Suwon-si, to the front day of maart-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, court rulings, and application of Acts and subordinate statutes governing summary orders;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the suspension of execution of the sentence shall be made at a grace period, considering the fact that a person has been punished for drinking

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