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(영문) 수원지방법원 2014.03.13 2013고단6309
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 September 16, 2011, the defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Suwon District Court on September 16, 201, and a fine of 8 million won for a violation of the Road Traffic Act at the same court on July 3, 2013.

On November 7, 2013, the Defendant, without obtaining a driver’s license at around 23:18, driving approximately 5 km of B mountain pets on the front of a restaurant in the trade name in the Suwon-si transfer-dong, Suwon-si, which is under the influence of alcohol at least 0.108% of the blood alcohol concentration.

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 history records, investigation reports (former records and attachment) and Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Feb. 1, 201>

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 to attend lectures;

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