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(영문) 수원지방법원 2014.12.17 2014고단6246

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 September 27, 2006, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on September 27, 2006, and was sentenced to a fine of 7 million won for a violation of the Road Traffic Act at the Suwon District Court on June 25, 2014.

On November 9, 2014, at around 17:38, the Defendant driven a wing truck with B, while under the influence of alcohol content of 0.217% without a driver’s license, from around approximately 1.5 km to the 160-nives roads near Suwon-si, Suwon-si, Suwon-si, Sinpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the state of the operation of a motor vehicle;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries, such as 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 (the grounds for probationary mitigation below);

1. Suspension of execution under 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 execution of the sentence shall be suspended at a grace period, considering the fact that a person has been punished for driving on three occasions but not good for committing a crime by drinking

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