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(영문) 수원지방법원 2014.10.15 2014고단4078
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 October 31, 2011, the defendant was issued a summary order of 1.5 million won by the Suwon District Court for the violation of the Road Traffic Act. On May 30, 2014, the defendant filed a summary order with the Suwon District Court for the violation of the Road Traffic Act.

1. Around 06:50 on May 24, 2014, the Defendant driven a Cpoter car while under the influence of alcohol of about 0.065% of the blood alcohol concentration at the 19th road of approximately 10 meters prior to the 19th malon-ro, Suwon-si, Gyeonggi-si, Gyeonggi-do Gyeongwon-si.

2. Around 16:40 on July 8, 2014, the Defendant was driving Done Star Co., Ltd without a car driver’s license on a approximately 2 km section from the 111-26-ro, Young-gu, Young-si, Young-dong, Young-si, Young-si, Gosi-dong, Gosi-si, Gosi-si, Gosi-si, Gosi-dong, Gosi-dong, Gosi-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Registers of driver's licenses;

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

1. Indictment;

1. Application of Acts and subordinate statutes of summary order;

1. Relevant Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act concerning the facts constituting the crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 ( comprehensively considering all the circumstances, such as the fact that the person's mistake is divided, that there is no special criminal record in addition to fines in connection with driving under influence of alcohol, and that the blood alcohol concentration is low);

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

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