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(영문) 수원지방법원 2013.04.17 2013고단38
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 March 21, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on March 21, 2008. On August 20, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on August 20, 201. On September 28, 201, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (Driving without a license) at the Suwon District Court.

On December 27, 2012, at around 23:45, the Defendant driven B rocketing car under the influence of alcohol with a blood alcohol concentration of 0.108% without obtaining a driver’s license from around 3 km-dong, Seo-gu, Suwon Island to the same Gu from the front of the Seo-gu, Seo-gu, Suwon Island to the front of the same Gu.

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. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);

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. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that even though the defendant has been punished for driving under drinking and driving without a license twice as above, the nature of the crime is inferior by driving under drinking and driving without a license again, except for fines, there is no special criminal record, and the execution of the punishment shall be suspended at once, considering the confession

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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