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(영문) 수원지방법원 2014.08.20 2014고단2581
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 February 1, 2008, the Defendant issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the Suwon District Court on February 1, 2008, and KRW 5 million as a crime of violation of the Road Traffic Act (driving) at the same court on October 8, 2013.

On May 18, 2014, at around 22:40, the Defendant driven a B low-speed car with a blood alcohol concentration of at least 0.128% under the influence of alcohol without obtaining a driver's license at a section of about 2 km from the front of a restaurant in the vicinity of the valley located in the valley-dong-dong-dong of the same Gu to the front of the Sejong-dong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;

1. Registers of driver's licenses;

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

1. Application of Acts and subordinate statutes to the investigation report (verification of the same summary order);

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be suspended to a grace period, taking into consideration the fact that a person commits a crime by driving under drinking and driving without obtaining a license even though the defendant has a record of punishment for driving under drinking on five occasions, his/her mistake is not good

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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