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(영문) 수원지방법원 2013.10.02 2013고단3483
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 August 14, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court on August 14, 2009, and a fine of three million won for a violation of the Road Traffic Act at the Suwon District Court on November 12, 2010.

Although the Defendant had twice the record of the violation of alcohol driving, on June 30, 2013, at around 00:40 on June 30, 2013, the Defendant driven B rocketing car under the influence of alcohol content of about 0.095% without obtaining a driver’s license in the section of about 300 meters from the front road to the front road of Elmaart located in the same Dong on the same day from June 30, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and notification of the result of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal history records and other inquiries, investigation reports (former and attachment of judgment), and application of Acts and subordinate statutes of a 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. 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 same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the execution of the sentence shall be postponed by taking into consideration the following factors: although the defendant was punished for driving under influence of alcohol on the last two occasions

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

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