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(영문) 수원지방법원 2014.04.23 2014고단747
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 July 11, 2008, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on July 11, 2008, and a fine of five million won for the same crime at the same court on November 7, 2013.

On January 25, 2014, at around 04:50 on January 25, 2014, the Defendant driven BM7 car under the influence of alcohol concentration of 0.162% without a vehicle driver's license from the 1km section of approximately 1km from the front day of a mutual influence park near Mando-dong, Mando-dong, Mando-dong, Mando-dong, Seoul Special Metropolitan City, to the front day of Mando-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

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. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the suspension of execution of punishment shall be made periodically, considering the fact that the defendant has been punished for driving on five occasions, even though it is not very high enough to commit a crime by driving on

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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