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(영문) 수원지방법원 2014.11.05 2014고단4934
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 December 12, 2008, the Defendant was issued a summary order of KRW 1 million at the Suwon District Court as a crime of violation of the Road Traffic Act, and KRW 3.5 million as a crime of violation of the Road Traffic Act at the Suwon District Court on June 5, 2013.

On August 9, 2014, the Defendant, without obtaining a driver’s license at around 00:10, driven a B Poter vehicle owned by the company from the section of about 600 meters from the front of the apartment complex of the 6-point 0.127% of the blood alcohol concentration at the 0.127% under the influence of alcohol level to the 0.127%, to the front road of the Gulule Welfare Center.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

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

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a judgment);

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 same 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 consideration the fact that a person has been punished for driving under the influence of alcohol again even

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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