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(영문) 수원지방법원 안양지원 2013.06.18 2013고단513
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 12, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Gyeyang Branch of the Suwon District Court on November 12, 2010, and the Defendant was sentenced to a fine of six million won for a violation of the Road Traffic Act in the Gyeyang Branch of the Suwon District Court on January 18, 2013.

On May 2, 2013, around 01:10, the Defendant driven CM3 motor vehicles without a driver's license in the state of alcohol 0.165% of blood alcohol concentration from around 2 kilometers of approximately 0.165% from the road in front of the Manyang-gu, Manyang-si, Anyang-si, Anyang-si, the Manyang-si, the Manyang-si, the Manyang-si, the Manyang-si, the Manyang-si, the

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry into driver's license, inquiry into the results of the control of drinking driving, and a circumstantial report on drinking drivers;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to previous records of sound driving and judgment) and statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times due to drinking driving, and again commits the crime of this case, is not good in light of the nature of the crime of this case. However, the fact that the defendant was aware of the crime of this case and is against the depth of the mistake, that the defendant is going not to drive under drinking again, and that he is going not to drive under drinking again, and other sentencing conditions in the records, such as the defendant's age, character and behavior, shall

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