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(영문) 수원지방법원 2015.03.25 2015고단49
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 16, 2014, the Defendant received a fine of KRW 700,00,000 from the Suwon District Court for a violation of the Road Traffic Act, and on May 12, 2014, a summary order of KRW 4 million for a violation of the Road Traffic Act.

On December 28, 2014, at around 00:33, the Defendant driven BM520 vehicles under the influence of alcohol concentration of 0.157% without obtaining a driver's license in a section of about 2 km from the front of the water source station to the high speed road in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant driven BM520 vehicles under the influence of alcohol concentration of about 0.157%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (report on the confirmation of criminal records of the same kind of suspect);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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