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(영문) 수원지방법원 성남지원 2015.09.24 2015고단1246
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

[criminal history] On June 4, 2010, the defendant was sentenced to a suspended sentence of 2 months by imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at the Cheongju District Court on April 24, 2010, and was sentenced to a fine of 4 million won by the Cheongju District Court on August 24, 2010, and was sentenced to a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving).

【Criminal Facts】

On November 9, 2013, the Defendant, while under the influence of alcohol by 00:50% without a car driver’s license, driven B cab from approximately 500 meters away from the front of a cafeteria, which is located in the erode of the window of Changwon-si, to the front of a erode square located in the erode of the window of Changwon-si, Changwon-si, to the front of a erode square in the window of Changwon-si.

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);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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