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(영문) 수원지방법원 2013.03.13 2012고단4084
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 August 28, 2009, at the Suwon District Court issued a summary order of one million won or more as a crime of violating the Road Traffic Act, and on April 4, 2012, the Defendant was issued a summary order of four million won or more as a fine by the same court.

On August 12, 2012, the Defendant, without obtaining a driver’s license on August 12, 2012, driven a vehicle with approximately KRW 150 meters in CNAS Scoo in the state of alcohol 0.096%, while under the influence of alcohol with the blood alcohol concentration of at least 0.096%, from the front of a cafeteria in the Gyeonggi-do Seosung-si to the front road of an apartment complex of about 10 meters in the same Jeju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of drinking driving control and output thereof;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. An inquiry report, such as a criminal history;

1. Application of investigation reports (formerly previous and applicable Acts and subordinate statutes);

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 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., confession, reflectivity, the blood alcohol concentration is relatively low, the penalty other than fines, the fact that there is no special criminal record, and the period of detention, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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