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(영문) 수원지방법원 2014.07.02 2014고단2555
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 January 14, 2011, the Defendant was punished by a fine of 3.5 million won for a violation of the Road Traffic Act at the Suwon District Court on January 14, 201, and a fine of 1.5 million won for the same crime in the same court on October 10, 2008 and three times in total.

On April 21, 2014, the Defendant: (a) was a person who violated Article 44(1) of the Road Traffic Act more than twice, and (b) was driving a two-way vehicle under the influence of alcohol with a blood alcohol concentration of about 0.183%, without obtaining a driver’s license in approximately 2km from the front line of the road of the road of the road transport distance in the Suwon-si Suwon-si Suwon-si, Suwon-si, to the front line of the 691-13rd road; and (c) was under the influence of alcohol concentration of about 0.183%.

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 inquiry statements, investigation reports (previous records and confirmation reports), and other written statements, 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. 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 shall be suspended to suspend the execution of the sentence, taking into consideration the fact that the defendant has been punished for driving under the influence of alcohol again even though he/she had the record of being punished for driving under the influence of alcohol again and driving under the influence of alcohol

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

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