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(영문) 수원지방법원 성남지원 2014.05.23 2014고단533
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 533] On December 31, 2010, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on December 31, 201, and on May 9, 2013, the Defendant issued a summary order of eight million won for a crime of violation of the Road Traffic Act at the Sungnam Branch Branch of Suwon District Court on May 9, 2013.

On January 25, 2014, the Defendant, without obtaining a driver's license on January 25, 2014, driven approximately 2 km B km truck on the front of a restaurant in front of the cafeteria, regardless of our country where he moves at the lower city, under the influence of 0.184% of blood alcohol concentration without obtaining a driver's license on January 25, 201.

[2014 Highest929] On March 15, 2014, the Defendant driven approximately 200 meters of the B Poter truck on the front of the restaurant, in the state of under the influence of alcohol of 0.142% by blood alcohol concentration without obtaining a driver’s license on March 15, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. Inquiry into driver's licenses and the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same kind of force);

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the occupation of a drunk driver on January 25, 2014), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the occupation of a drunk driver on March 15, 2014) concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act for probation and community service order has been sentenced twice a fine due to driving of drinking, but the defendant is the defendant.

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