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(영문) 수원지방법원 2015.04.29 2015고단736
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

[criminal power] On June 27, 201, at the Suwon District Court, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) and KRW 3.5 million as a fine in the same court on November 30, 201, respectively.

【Criminal Facts】

On January 31, 2015, at around 17:15, the Defendant, without a driver’s license, driven a vehicle B-III in the section of approximately 2 km from the front side of the restaurant in the opposite in the opposite in the opposite in the opposite in the cheon-si where the wife population is moving at the permissible time, to the third in the same distance on the street in the same Gu Kim Fung-dong, with the blood alcohol concentration of 0.31% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the same summary order) 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. 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 (see, e.g., Supreme Court Decision 2009Do1448, Apr. 21, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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