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(영문) 수원지방법원 평택지원 2015.03.26 2015고단249
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 13, 2007, the Defendant received a summary order of KRW 2 million from the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving) and received a fine of KRW 4.5 million from the Suwon District Court on August 26, 2014 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 10:00 on February 1, 2015, the Defendant driven the Category B (NEW EF), under the influence of alcohol concentration of 0.191%, without obtaining a driver’s license, from the road near the bank located in Ansan-si, to the road front of the “Korea Twit-dong” located in the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and serious reflective circumstances: The same repetition of crimes;

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