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(영문) 수원지방법원 2014.04.24 2014고단274
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

【Criminal Power】 On January 11, 2007, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, etc. at the Seoul Western District Court on August 11, 2007, and was sentenced to a summary order of four million won by a fine at the Suwon District Court on April 24, 2013.

【Criminal Facts” around 02:00 on December 28, 2013, the Defendant, without a car driver’s license, driven Brocketing car at the 15 km section of approximately 15 km from the cross-presidential road in front of the front day of the front day of the front day of the front day of the front day of the Seonam-gu, Sungnam-gu, Suwon-si, to the underground parking lot located in No. 86-ro 49, Suwon-gu, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Recognition and Investigation of Sound Driving);

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports on criminal records and attachment of criminal records for a suspect's drunk driving and judgment);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflective points);

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

1. Article 62-2 (1) of the Criminal Act for community service and lecture attendance order;

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