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(영문) 수원지방법원 2015.07.01 2014고단1744

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 14, 2007, the Defendant issued a summary order of KRW 3 million on April 30, 2013 as a fine for violation of the Road Traffic Act (driving) at the Suwon District Court, which was sentenced to six months of imprisonment and two years of suspension of execution. On April 30, 2013, the Defendant received a summary order of KRW 3 million from the Gwangju District Court's Net Branch of the Gwangju District Court as a penalty of violation of the Road Traffic Act (driving).

On April 13, 2014, at around 22:30, the Defendant driven B A6 car with a blood alcohol content of at least 0.105% without obtaining a driver’s license from a section of about 500 meters from the front line of the trade influence in the Sin Sung-nam Eup, the local government of the Republic of Korea, to the front road of the luxian Public Health Center located in the same Ri.

around 14:25 on March 21, 2015, the Defendant stated the “C” in the bill of indictment for approximately 2km section from the front of the cafeteria-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si to Sinpo-dong Highway, without obtaining a driver’s license, from approximately 2km section from the front of the cafeteria-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si,

AD AF has driven a car.

Summary of Evidence

[2014 Highest 1744]

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. A written report on criminal records, etc., investigation report (the previous record and confirmation of a suspect);

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. A favorable condition among the reasons for sentencing under Article 62(1) of the Criminal Act.