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(영문) 수원지방법원 2014.12.11 2014고단5609
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 September 15, 201, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Daejeon District Court on March 20, 2007 at the Daejeon District Court on March 20, 2007.

On October 23, 2014, at around 23:25, the Defendant driven a B-low vehicle with a blood alcohol concentration of about 0.159% under the influence of alcohol without a vehicle driver’s license from about 1km section to the front road of the F-Opon-si, Suwon-si, Suwon-si, F-Opon-si (hereinafter referred to as “C-Opon-si”).

Summary of Evidence

1. Defendant's legal statement;

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

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal history records, inquiry reports (suspects' previous records and confirmations) 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 Decision 2009Da1548, Apr. 1, 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 (1) of the Criminal Act to attend lectures;

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