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(영문) 수원지방법원 2013.11.13 2013고단4800
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 13, 2009, the Defendant issued a summary order of KRW 1 million with a fine of KRW 1 million at the Suwon District Court on March 20, 2009; on March 20, 2009, a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) at the Suwon District Court on March 27, 2013; and on March 27, 2013, a summary order of KRW 5 million with a fine of KRW 5 million was issued.

On September 1, 2013, at around 00:22, the Defendant driven a BM520-car under the influence of alcohol content 0.074% under the influence of alcohol without obtaining a driver’s license from the front and front roads to the lower roads of the same 1.5km-dong Kim-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated: Application of inquiries, such as criminal records, investigation reports (reports attached to the previous and summary orders);

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 (the execution of the sentence shall be postponed in view of the following facts: (a) although the defendant was punished for driving four times again, the nature of the crime is inferior by drinking or driving without obtaining a license, but confessions and reflects, and the blood alcohol concentration is relatively low, etc.);

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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