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(영문) 수원지방법원 2013.07.17 2013고단1243
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 June 30, 2006, the Defendant was notified of a summary order of KRW 1 million by the Suwon District Court for a violation of the Road Traffic Act (driving). On March 16, 2007, the Defendant was notified of a summary order of KRW 1 million by the Seoul Eastern District Court for a violation of the Road Traffic Act (driving). On September 9, 2009, the Suwon District Court was sentenced to a suspended sentence of ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment).

On March 24, 2013, the Defendant, without a driver’s license on March 24, 2013, driven a B-wing truck at a distance of approximately 50 meters from the day before the restaurant, which is not aware of the trade name in the Jinan-dong, to the road in the same Dong-dong, without a driver’s license on March 24, 2013.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous record: Application of inquiry letter, investigation report, 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 ( 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 (the execution of a sentence shall be suspended in consideration of the fact that even though the defendant had been punished for driving under the influence of alcohol on three occasions, the nature of the crime is inferior by again making the drinking and driving without a license, the confessions and reflects, and the amount of drinking alcohol is relatively low);

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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