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(영문) 수원지방법원 여주지원 2013.10.21 2013고단739
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 April 13, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Sungwon District Court's Sung-nam branch, and the summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court on July 11, 2008.

On July 6, 2013, the Defendant, without obtaining a driver’s license on July 21, 2018, driven B benz automobiles at approximately 50 meters from the 50-meter section of alcohol alcohol level to the roads in Echeon-si, Echeon-si. In the same way, the Defendant driven B benz automobiles at around 0.169% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

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

1. The register of driver's licenses (1);

1. The register of driver's licenses (2);

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including the case where the defendant has no criminal record of the same kind of suspended sentence or heavier);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

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