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(영문) 수원지방법원 2014.01.23 2013고단2702
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 July 4, 2008, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, a summary order of KRW 1 million as a fine for the same crime in the same court on December 5, 2008, and a summary order of KRW 2 million as a fine in the same court on December 3, 2010, respectively.

Although the Defendant had been punished twice or more as above, on May 15, 2013, at around 21:27, the Defendant driven BM5 cars under the influence of alcohol concentration of about 0.160% without obtaining a driver’s license, from the front day of the Singue Singue-si Singu Singue-si, to the flow distance from the Singue-si Singu Singue-si, the Defendant driven BM5 cars under the influence of alcohol concentration of about 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. License register;

1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and attachment of judgment), including criminal records, etc.;

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. 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. Order to attend lectures under Article 62-2 of the Criminal Act;

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