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(영문) 수원지방법원 2015.01.29 2014고단5712
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 November 14, 2013, the Defendant was issued a summary order of KRW 8 million by fine for a violation of the Road Traffic Act at an Ansan District Court's Ansan Branch on November 14, 201, and KRW 1.5 million by a fine at the Suwon District Court on May 12, 201.

On October 14, 2014, at around 21:32, the Defendant driven a vehicle of 3 km-lurghn with the blood alcohol concentration of 0.064% under the influence of alcohol without obtaining a driver’s license for a section of about 5 km from the front of the East-si Hospital in the East-si Namyang-dong to the front road of the emulative oil station in the emulgic city in the emulgic city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (attached to the previous and summary orders), application of Acts and subordinate statutes to investigation reports (suspects' previous and confirm);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that it reflects itself and the blood alcohol concentration is not high);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act concerning probation and education;

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