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(영문) 수원지방법원 2013.11.06 2013고단2546
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 1, 2010, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court, etc., and on March 22, 2011, the Defendant was sentenced to a suspended sentence of two years for four months by imprisonment with labor for a violation of the Road Traffic Act (driving) at the Suwon District Court.

Although the Defendant was punished twice or more due to drunk driving, on April 12, 2013, at around 23:25, the Defendant driven B-be under the influence of alcohol concentration of 0.133% without obtaining a driver’s license from a road in approximately 500 meters from the street in front of the extension of the cross-fluoral movement in Suwon-si to the street 419, Suwon-si, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. A driver's license inquiry;

1. Previous records: Application of inquiries, such as criminal records, replys to inquiries, investigation reports (reports on attachment of the same type of power 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. 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 (Article 62 (1) of the same Act provides that the execution of the sentence shall be suspended at a intervals of suspension of execution), even though the defendant was punished for

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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