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(영문) 수원지방법원 2013.05.29 2013고단570
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 4, 2002, the Defendant issued a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on October 4, 2002, a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on January 10, 2003, a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on October 19, 2007, at the Suwon District Court on November 14, 2008, a fine of one million won for a violation of the Road Traffic Act (Free Driver) at the Suwon District Court on November 14, 2008, and at the Suwon District Court on October 26, 201, a fine of three million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on October 26, 201.

피고인은 2013. 2. 14. 08:30경 수원시 영통구 망포동 망포역사거리 도로에서부터 같은 동 538-3 소문난왕뽈찜식당 사거리 도로에 이르기까지 약 300m 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.133%의 술에 취한 상태로 B 싼타페 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. The driver's license ledger;

1. Previous records: Application of inquiries and investigation reports, and Acts and subordinate statutes, such as criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confession, reflectivity, and fine, in addition to punishment, taking into account the absence of any special criminal record);

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, even though it has been punished for a four-time driving and a one-time driving without a license, and it is not good to the quality of the crime by again drinking and driving without a license, but the execution of the sentence shall

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;

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