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(영문) 수원지방법원 여주지원 2013.05.27 2013고단329
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 April 4, 2008, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) due to a violation of the Road Traffic Act, etc. at the Chungcheong District Court's Chungcheong Branch, and on January 8, 2013, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court.

On February 26, 2013, the Defendant, without a car driver’s license around 15:25, while under the influence of alcohol of 0.143%, driven approximately 400 meters of the passenger car base to the front road of Ischeon-si, Macheon-si, the roads located in Macheon-si, Macheon-si, Macheon-si, Macheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The General of Driver's Licenses (A);

1. A report on investigation (70 pages of investigation records);

1. Previous records of judgment: Application of inquiry reports, such as criminal records, and criminal investigation reports, and Acts and subordinate statutes;

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 each sentence of imprisonment;

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

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