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(영문) 수원지방법원 여주지원 2014.05.19 2014고단192
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 26, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on March 26, 201, and a fine of KRW 5 million for the same crime in the same court on March 21, 2011, respectively.

On February 20, 2014, the Defendant, while under the influence of alcohol 0.087% with blood alcohol level, was driving a B lusing vehicle from around 1km to the front road of the “Ying-Jing-Jing Private School” located in the Hocheon-si Changdong to the same Si 117, from around 23:40 to the same Si Do 117.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reading into the ledger of driver's licenses and the results of crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license"), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (hereafter referred to as "driving without a license");

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence of imprisonment with prison labor chosen (in consideration of the fact that several times of violation of the Road Traffic Act occurs);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55 and 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act (the fact that he/she has no criminal record of or more than a suspended sentence of imprisonment and repeated reasons for discretionary mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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