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(영문) 수원지방법원 2014.12.03 2014고단5510
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 December 24, 2009, the Defendant received a summary order of KRW 500,000 from the Suwon District Court to a fine of KRW 500,000 for a violation of the Road Traffic Act, and on September 26, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Suwon District Court.

On July 25, 2014, at around 17:20, the Defendant driven a B-low-income vehicle while under the influence of alcohol content of about 0.149% without a driver’s license, from a section of about 100km to a point of reaching the road front of the 28.9km at the Seocheon-Gongju Highway located in the Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, North Korea, to a point of 28.9km in front of the west-gun, Chungcheongnam-do.

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. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A reply to inquiries, such as criminal records;

1. Application of Acts and subordinate statutes to a report on investigation (interpellation of judgment);

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. Selection of imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Punishment of Violences, etc. (collectively, Deadly Weapons, etc.) (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act on the Punishment of Violences, etc. (Article 62 of the same Act on the Punishment of Violences, etc., which was prosecuted with a drunk driving) (Article 62 (1) of the same Act on the suspension of the execution of a sentence is not good for a crime committed again even though the defendant was sentenced to a suspended sentence due to a drunk driving as above; however, since the above suspended sentence is deemed to have been sentenced due to a crime of violation of the Punishment of Violences, etc., which was committed with a

1. The Criminal Act;

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