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(영문) 수원지방법원 성남지원 2015.03.12 2015고단40
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2010, the Defendant received a summary order of a fine of KRW 3.5 million for a violation of the Road Traffic Act, etc. at the Sung-nam branch of Suwon District Court on October 20, 2010, and on April 9, 2012, the same court received a summary order of KRW 5 million for the same crime, etc.

Although the Defendant violated the provisions of the Road Traffic Act that prohibit driving under the influence of alcohol twice, on December 19, 2014, the Defendant, without obtaining a driver’s license at around 05:03 on December 19, 2014, driven a BF car from before the main station located in the kid-dong in the summer-dong, to the long distance in the front of the lower court.

Summary of Evidence

1. Defendant's legal statement;

2. The register of driver's licenses appended to defendant's statement of traffic accident.

3. A written report from an employer;

4. Previous convictions in judgment: Application of criminal records and investigation reports (former and attachment of a 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 criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

2. Article 40 and Article 50 of the Criminal Act, the choice of sentence, and the choice of imprisonment.

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

4. Article 62 (1) of the Criminal Act;

5. Social service order under Article 62-2 of the Criminal Act;

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