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(영문) 수원지방법원 여주지원 2013.10.18 2013고단757
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 September 5, 2003, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the original branch of the Chuncheon District Court, on April 24, 2009, a summary order of KRW 700,000 as a fine for the same crime from the branch branch of the Suwon District Court, and on June 1, 201, a summary order of KRW 2 million as a fine for the same crime from the same court.

At around 22:00 on July 16, 2013, the Defendant driven a B food car with a blood alcohol level of 0.101% under the influence of alcohol level without obtaining a driver’s license from the front side of the 1km restaurant located in the Snju-gun Eup, Snju-gun to the front side of the Snju-ri in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of a driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry and summary order-related Acts and subordinate statutes;

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. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of a sentence of alternative imprisonment with prison labor (if the defendant has been sentenced to a fine for the same kind of crime at least four times, it is deemed difficult to correct the criminal defendant's drinking, driving, and sex due to a fine);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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