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(영문) 수원지방법원 여주지원 2013.06.24 2013고단390
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 24, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Seoul Western District Court, and such summary order became final and conclusive on December 7, 200 of the same year. On November 8, 2012, the Defendant issued a summary order of KRW 4 million as a fine for the same crime at the leisure branch of the Suwon District Court, and that summary order became final and conclusive on January 8, 2013.

On April 8, 2013, at around 21:25, the Defendant driven a vehicle to cut the Hembscopus in B under the influence of alcohol concentration of about 0.115% without obtaining a driver’s license at a section of about 800 meters from the front day of the entrance of the Gambscopic origin located in the same Eup/Myeon-gun, the Gambscopic Do-ri, the Gambscopic Do-ri.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Before judgment: Application of the provisions of Acts and subordinate statutes, such as references to criminal records, a copy of a summary order (Seoul Western District Court Decision 2007 High Court Decision 2007 High Court Decision 17189), and a copy of a summary order (nick Court Decision 2012 High Court Decision 1534)

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including the fact that the criminal defendant has no criminal record of the same kind of suspended sentence or heavier, and the fact that the criminal defendant is the opposite)

1. Probation and order to provide community service and attend lectures, the main sentence of Article 62-2 (1) and (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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