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(영문) 수원지방법원 2013.06.26 2013고단813
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 18, 2011, the Defendant was issued a summary order of KRW 4.5 million for a fine of KRW 4.5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million on October 12, 2006.

On February 19, 2013, at around 22:13, the Defendant driven a Bsch Rexton car under the influence of alcohol concentration of about 0.056% without obtaining a driver’s license from approximately 200 meters away from the front of the coast of the insular sea to the front road of the wellscopic sea located in the large reduction of and exemption from the volume of the chemical insular sea at the time of harmony, to the day of the reduction and exemption of the volume of the chemical insular sea, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry letter, investigation report (former, summary order and attachment of judgment), and statutes, 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 (the grounds for probationary mitigation below);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the condition that the defendant is under the influence of alcohol in 2005, 2006, under the influence of alcohol without a license in 2009, under the influence of alcohol and without a license in 201, under the influence of alcohol in 2011, under the influence of a license without a license in 2012, under the suspension of execution of a license in 2002, under the condition that he/she was sentenced to a suspended sentence due to refusal of alcohol measurement, etc., but the execution of the sentence is bad

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

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