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(영문) 수원지방법원 여주지원 2013.10.11 2013고단676
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 19, 2008, the Defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act (driving) at the leisure branch of Suwon District Court on December 19, 2008, and on September 16, 2011, the Defendant issued a summary order of 1.5 million won of a fine to the same crime in the same court.

At around 05:00 on May 20, 2013, the Defendant driven B rocketing car ditches within a section of approximately one kilometer from the Do in front of the “Pyeongyeong-gu, Yangyang-si, Gyeonggi-do Yangyang-si,” both sides of the same Do, to the front of the Myeon Office located in the Myeon Office located in the Do of the same military level, while under the influence of alcohol by 0.155% of the blood alcohol level without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

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;

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. It shall be decided as per Disposition for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;

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