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(영문) 수원지방법원 2014.09.17 2014고단3906
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 7, 2012, the Defendant issued a summary order of KRW 1.5 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act, and KRW 3 million as a crime of violation of the Road Traffic Act at the Suwon District Court on December 12, 2013.

On June 23, 2014, at around 20:10, the Defendant driven a B-to-purd vehicle with a blood alcohol concentration of at least 0.173% while under the influence of alcohol without obtaining a driver's license at a 100-meter section of the road in front of the 1871-7 Women's Stak-dong, Yongsan-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

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

1. A driver's license inquiry;

1. A reply to inquiries, such as criminal records;

1. Application of Acts and subordinate statutes to report on investigation (verification of the same criminal history as a suspect);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 of the same Act shall be suspended to suspend the execution of the sentence, taking into account the fact that the defendant was punished for driving under the influence of alcohol again even though it is not good for him to commit the crime by driving under drinking again,

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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