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(영문) 수원지방법원 2014.01.15 2013고단6372

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 June 11, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Western District Court, and on January 9, 2009, issued a summary order of KRW 1.5 million for the same crime, etc. at the same court.

On October 7, 2013, at around 01:00, the Defendant driven a E-type big vehicle while under the influence of alcohol of about 0.135% without obtaining a driver's license from approximately 4 km section from the front of the car page in the Kaf-dong, Young-gu, Young-gu, Young-si, to the front of the "Dcafeteria" in the same city area C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Previous record: Application of a written inquiry, such as criminal records of the accused, a criminal investigation report (Attachment of the same criminal record and summary order attached to A), and a summary order to the accused;

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. 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 (the execution of the sentence shall be postponed considering the fact that a person has no special criminal record in addition to a punishment for driving under the influence of alcohol again though he/she has had the past record of punishment for driving under the influence of alcohol again, he/she is under the nature of a crime;

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