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(영문) 수원지방법원 2014.04.30 2014고단1295
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 5, 2008, the Defendant was issued a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and KRW 5 million from the Suwon District Court on October 16, 2013 to a fine of KRW 5 million for a violation of the Road Traffic Act.

On February 19, 2014, at around 23:45, the Defendant, without obtaining a driver’s license, driven a car flived B with 10km in the section of about 10km from the road on which it is difficult to find out the high color dynamics of the sphere of hydropheric in Suwon-si with the blood alcohol concentration of 0.126%, and from the road on which it is impossible to find out the high color flives of the sphere of hydropheric in the river.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. A driver's license inquiry;

1. Previouss before ruling: Application of a reply to inquiries, such as criminal records, investigation reports, and statutes;

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 suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the execution of the sentence shall be postponed by taking into consideration the fact that the defendant was punished for drinking without a license even though he/she had a record of being punished for driving without a license, and is not good for drinking and driving without a license, but there is no special criminal record in addition to confession, reflect

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

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