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(영문) 수원지방법원 2014.12.03 2014고단5477
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 March 2, 2007, the Defendant was sentenced to 4 months of imprisonment and 2 years of suspended execution for the crime of violation of the Road Traffic Act at the Suwon District Court on March 2, 2007. On September 5, 2012, the Defendant was issued a summary order of 5 million won of a fine by the same court as the same crime.

At around 22:00 on September 19, 2014, the Defendant driven a fwing freight vehicle B while under the influence of alcohol leveling 0.176% without obtaining a driving license from the front of the Ansan funeral hall in Ansan-si, Ansan-si to the front road in front of the insular wetlands.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Notification of the control of drinking driving;

1. A report on the actual status of a host driver;

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

1. Court rulings;

1. Application of Acts and subordinate statutes of 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) of the same Act (Article 62 (1) of the same Act provides that the execution of the sentence shall be postponed by taking into account all the circumstances, such as the fact that the defendant was punished for drinking on five occasions again, but his

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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