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(영문) 수원지방법원 2013.07.19 2012고합314
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 January 22, 2010, the Defendant received a summary order of KRW 2.5 million from the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving). On March 9, 2012, the Defendant filed a petition with the same court on March 9, 2012 for a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) and was issued a summary order of KRW 2 million on May 2, 2012, and has violated Article 44(1) of the Road Traffic Act at least twice.

On April 12, 2012, at around 20:10, the Defendant driven a C-ma motor vehicle under the influence of alcohol content of 0.075% while under the influence of alcohol, without obtaining a driver’s license, from the front side of the “the Seocho house” in the ancient city of Malsung to the front road of the ancient city of 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant: (a) a fine of one million won for drunk driving on or around May 2004; (b) a fine of one million won for driving without a license on or around April 2005; (c) a fine of four million won for driving without a license on or around October 2005; (d) a fine of two million won for driving without a license on or around October 2008; (b) a fine of two million won for driving without a license on or around January 2010; (c) a fine of two million won for driving without a license on or around May 2, 2012; and (d) a fine of two million won for driving without a license on or around May 2, 2012; and (e) the Defendant is separate from the Defendant.

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