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(영문) 수원지방법원 2014.01.15 2013고단5564
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 8, 2006, the Defendant was issued a summary order of a fine of one million won due to a violation of the Road Traffic Act (driving) in the Chuncheon District Court's original branch on December 8, 2006. On August 28, 2013, the Defendant was prosecuted for the violation of the Road Traffic Act (driving) at the Suwon District Prosecutors' Office on September 5, 2013.

1. On September 11, 2013, the Defendant, while driving under the influence of alcohol more than twice and violated Article 44(1) of the Road Traffic Act, driving without registration 50CC at a level of about 3 km from the front of the construction site of the Osan-si, Busan-si to the front of the water-oriented engineer distance, at approximately 0.215% of the blood alcohol concentration at around 3km.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, which was not covered by mandatory insurance at the time and place above, operated the 50CC.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of a drinking driver, and a written report on the status of each drinking driver;

1. Requests for appraisal;

1. Investigation report (Notice of the detection of unregistered earth and sand);

1. Previous records: Application of a reply to inquiries, such as criminal records, investigation reports (a summary order of the same type electric power and attachment of different types of electric power);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 (the execution of a sentence shall be suspended, considering the fact that the defendant has been punished or is scheduled to be punished as a fine in relation to driving under the influence of alcohol even though he/she had a history of driving under the influence of alcohol twice again, it is inferior to the quality of the crime by driving under the influence of alcohol;

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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