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(영문) 수원지방법원 2015.10.21 2015고단3960
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

[criminal power] On August 29, 2008, the Defendant received a summary order of fine of KRW 2.5 million from the Suwon District Court to a fine of KRW 2.5 million and fine of KRW 2 million from the same crime at the Suwon District Court on June 27, 2012.

【Criminal Facts】

At around 04:50 on June 2, 2015, the Defendant driven B 2 truck while under the influence of alcohol leveling 0.137% without obtaining a driving license for approximately five meters on the street 1759-hon-ro 15, Young-gu, Young-gu, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on personal identification (25 pages of investigation records) and report on the status of the driver, the driver, the driver and the auditor (27 pages of investigation records);

1. Registers of driver's licenses;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports on criminal records, and criminal investigation reports (attached to the same summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the crime is recognized and reflected, and that there is no record of being punished in excess of the fine for the same kind of crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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