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(영문) 수원지방법원 2013.10.02 2013고단3343
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 April 9, 2010, the Defendant was issued a summary order of KRW 2 million from the Suwon District Court to a fine of KRW 2 million for a violation of the Road Traffic Act, and a fine of KRW 4 million from the Suwon District Court to a violation of the Road Traffic Act on November 12, 2012.

On June 8, 2013, at around 23:30, the Defendant driven B car under the influence of alcohol content of 0.102% without a car driver’s license from approximately 15km section to the roads in the same side and in the same side of the sub-section, from the side of the sub-section fridge, which is located in the sub-section 13:30 to the roads in the same side of the sub-section.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previouss before ruling: Application of a reply to inquiries, such as criminal records, investigation reports, and statutes;

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 (limited to a case where the execution of the sentence is suspended, taking into consideration the following factors: although the criminal defendant was punished for driving under the influence of alcohol again, he is not guilty of the crime by driving under the influence of alcohol again, his confession and reflectiveness, and the fact that there is no special

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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