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(영문) 수원지방법원 2014.11.05 2014고단4905
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 February 12, 2009, the Defendant was sentenced to a suspended sentence of 4 months at the Suwon District Court for a violation of the Road Traffic Act, etc., and was sentenced to a suspended sentence of 6 months on February 10, 201 by the Suwon District Court for a violation of the Road Traffic Act.

On September 9, 2014, the Defendant driven B Poter Cargo Vehicles with approximately 100 meters alcohol concentration of 0.157% without a car driver’s license from the section of about 100 meters from the area near the high spoking in the spoking of the Cpoter to the front road of the dry field of 139 Spoter in the same area.

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 on the driving of drinking drivers;

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

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);

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 (the execution of a sentence shall be suspended during a period of suspension after taking into consideration the fact that a person has been punished for driving without a license and driving without license even though it is not good to commit the crime by again driving under drinking or driving without license, his/her mistake is divided, and that he/she has no record of being punished for driving under drinking or driving without license for the last three years);

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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