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(영문) 수원지방법원 2014.12.10 2014고단5708
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 October 12, 2011, the Defendant issued a summary order of KRW 2.5 million at the Suwon District Court as a fine for a violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million at the Suwon District Court on September 3, 2014 as a violation of the Road Traffic Act (driving).

On September 29, 2014, at around 21:55, the Defendant: (a) driven a vehicle from the front of the cost source located in the Young-gu, Suwon-si, Suwon-si, to the front of the Pakistan Island located in the Young-gu, Chungcheongnam-si, and (b) under the influence of alcohol concentration of 0.079% without a valid driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. A report on the actual state of running a motor vehicle;

1. Making a report on the control of drinking driving;

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

1. Investigation reports (Attachment of attached judgments on the same kind of power) and application of Acts and subordinate statutes of each summary order;

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. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the suspended execution of punishment shall be suspended by taking into consideration the following: although the defendant had the record of punishment for drinking driving as above, it is not good that the crime is committed by driving under drinking again

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

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