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(영문) 수원지방법원 성남지원 2015.09.24 2015고단1636
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

On December 13, 2013, the Defendant received a summary order of a fine of five million won for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on December 13, 2013, and on April 10, 2009, the Defendant received a summary order of a fine of three million won due to the same court's violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) and received five times the previous order.

On July 6, 2015, at around 00:30, the Defendant, without a car driver’s license, driven B rocketing car at approximately 5km from the front of the CU convenience store located in hydrocheon-si to the front of the 567 km away from the Gyeonggi City, if the Defendant was under the influence of alcohol with 0.204% of the blood alcohol concentration without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes concerning investigation reports (Attachment of a copy of judgment) and criminal records;

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

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 on the Suspension of Execution (the period of suspension of execution shall be three years, while strongly recommending that the drinking of the accused and the non-licensed driving habits will be improved);

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