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(영문) 수원지방법원 2014.06.25 2014고단1887
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 11, 2012, the Defendant issued a summary order of KRW 4 million at the Suwon District Court for a crime of violation of the Road Traffic Act, and on December 7, 2012, the above court issued a fine of KRW 4 million for a crime of violation of the Road Traffic Act.

On April 12, 2014, around 23:30, the Defendant driven a vehicle with low alcohol level B while under the influence of alcohol level 0.141% without obtaining a driver’s license from the previous Do to the front road of the Kim Quantity Station located in the same Dong-si from the previous Do to the 100-meter Do.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous records: Application of inquiries, such as criminal records, response to inquiries, investigation reports (Attachment to a summary order);

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;

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 ( considered for the favorable reasons among the reasons for probation under the following year);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act provides that the execution of the sentence shall be postponed by taking into consideration the fact that the defendant has no special criminal record in addition to confession, reflectivity, and fines even though he/she has been punished for driving under the influence of alcohol as

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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