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(영문) 수원지방법원 평택지원 2014.10.23 2014고단1113
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

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

Reasons

Punishment of the crime

On April 11, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) in the Suwon District Court’s Pyeongtaek Housing Site on July 29, 201, and a fine of KRW 2 million as a same crime in the same court on July 29, 201, on October 21, 2012, the Defendant was driving a B-low car under the influence of alcohol concentration of approximately 0.132% without a car driver’s license in the section of about 1km from a ground station located in Pyeongtaek-si branch to an Aerodo-dong located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions in judgment: The submission of materials about foreign crimes and investigation experience and the application of each 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 the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The fact that the confession of the crime of sentencing under Article 62-2 of the Criminal Act is divided while committing the crime of sentencing, the fact that the person under obligation to attend a lecture voluntarily attended the investigative agency but thereafter responded to the investigation, there is no penalty power exceeding twice the fine, the fact that there is no penalty power exceeding twice the fine, the defendant's age, character and conduct, circumstances after the crime, etc. are considered, and the punishment as ordered shall be determined in the same way as the order.

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