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(영문) 수원지방법원 여주지원 2013.04.04 2012고합218
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 March 22, 2011, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the credit support of the Suwon District Court on March 2, 201, and the same year.

6. 8. A person who has been issued a summary order of a fine of KRW 3.5 million by the same court due to a violation of the Road Traffic Act.

On October 31, 2012, around 00:30 on October 31, 2012, the Defendant driven a Cgallon-Ban car in approximately 1.5 meters from the front side of the “public playground” located in Echeon-si, Echeon-si without a driver’s license to the front side of the “personal smoke” located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the criminal defendant repents wrong facts and has no criminal record of a stay of execution or more);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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