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(영문) 수원지방법원 2013.10.16 2013고단3655
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 February 2, 2007, the Defendant was sentenced to a fine of KRW 2.5 million by the Suwon District Court for a violation of the Road Traffic Act (driving under the influence of the Defendant), a fine of KRW 3 million by the Jungwon District Court on January 23, 2008, and a fine of KRW 3.5 million by the violation of the Road Traffic Act (driving under the influence of the Defendant) at the Suwon District Court on February 13, 2009.

Although the Defendant was two or more times in the history of the violation of alcohol driving, on June 24, 2013, at around 20:26, the Defendant driven a Ban-Engine under the influence of alcohol alcohol concentration of about 0.087% without obtaining a driver’s license in the section of approximately 1.5 km from the front side of the Disabled Association of the Masan-dong, Osan-dong, Busan-si to the 316th day of the same vacancy.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

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. 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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Enforcement Decree shall be the period of postponement of the execution of the sentence after considering all the circumstances, including the following: although the defendant has been punished five times in relation to driving under influence of alcohol and driving without a license, he is not guilty of the crime by again driving under influence of alcohol or driving without a license, his own confession,

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;

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