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(영문) 수원지방법원 여주지원 2019.01.18 2018고단1072
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 July 9, 2018, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 5 million with a fine of KRW 1 million with a penalty of violation of the Road Traffic Act, and a summary order of KRW 5 million with a fine of KRW 5 million with a penalty of violation of the Road Traffic Act with a capital branch of the Suwon District Court on October 8, 2018.

On November 10, 2018, the Defendant, without obtaining a driver’s license at around 00:50 on November 10, 2018, driven a Clearning car at about 3km from the e-city B apartment parking lot at Echeon-si to the front road of the Chang electric street in Echeon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of two copies of the summary order;

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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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

1. Considering the extenuating circumstances that the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “Suspension of Execution”) was unfavorable to the fact that a person was punished by a fine for drinking driving twice only on or around 2018, considering the fact that time and reflects, and that there was no other record of punishment than the aforementioned record of punishment, etc.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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