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(영문) 수원지방법원 2013.06.26 2013고단1447
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 28, 2011, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act by the Suwon District Court. On July 2, 2010, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act by the Suwon District Court. On November 23, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act by the Suwon District Court.

On March 28, 2013, the Defendant was under the influence of 0.203% of blood alcohol concentration without obtaining a driver’s license on March 28, 2013, and was under the influence of 0.203% of blood alcohol concentration, and was under the influence of the Defendant from the front of a cafeteria located in the substitute of Osan City to the front of a public parking lot located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

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 (Article 55 (1) of the Criminal Act, including the fact that there is no special criminal record in addition to a confession and an reflective fine);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Imprisonment with prison labor for a defendant who is sentenced to imprisonment with prison labor shall be put at a disadvantage in relation to his/her social position in the workplace, but even though he/she had been punished for driving three times, he/she cannot be sentenced to a fine any more again

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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