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(영문) 수원지방법원 평택지원 2013.04.10 2012고합215
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

The Defendant issued a summary order of KRW 2.5 million on April 29, 201, and KRW 2 million on June 17, 201, respectively, on a site of Suwon District Court as a crime of violation of the Road Traffic Act (driving of Drinking) at a horizontal site of Suwon District Court.

Criminal facts

[2012 Gohap215] On May 21, 2012, the Defendant, without obtaining a driver’s license on May 21, 2012, 200: (a) while under the influence of alcohol at a 0.147% alcohol concentration, was driven from the front of the military literature apartment in Pyeongtaek-si and Military, to the front of the Korean Industrial Complex in the same Si-dong.

[2012 Gohap420] On November 10, 2012, the Defendant driven a D Sspo-type car owned by Defendant’s land in the section of about 100 meters from Pyeongtaek-si, from 62-7 to 3, under the influence of alcohol by 0.127% in blood alcohol concentration without obtaining a driver’s license on November 10, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Report on original drivers, electronic documents, report on the actual state of drivers, report on the actual state of drivers, and report on the actual state of drivers;

1. Registers of driver's licenses, driving licenses and driver's licenses;

1. Records before judgment: The application of inquiry reports on criminal records, etc., unregistered records, and reporting results of confirmation Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of driving under influence of alcohol), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without permission); and

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on each of the crimes committed on May 21, 2012, each of the crimes committed on November 10, 2012, and each of the crimes committed on the violation of the Road Traffic Act, the punishment imposed on each of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Aggravating concurrent crimes under the former part of Article 37, Article 38(1)2, or Article 50 of the Criminal Act (and Article 50 of the Road Traffic Act as of May 21, 2012) and a violation of the Road Traffic Act as of November 10, 2012, and a violation of the Road Traffic Act as of November 10, 2012 (the punishment prescribed for the crime of drinking under the provision of the same Act) with heavier penalty.

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