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(영문) 수원지방법원 2014.04.30 2014고단1299
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 September 5, 2008, the Defendant was issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on September 5, 2008, and KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on March 27, 2013.

On February 27, 2014, at around 20:30, the Defendant driven a vehicle with a blood alcohol level of at least 0.123% under the influence of alcohol at approximately 500 meters from the 500-meter section at the entrance of the department store at approximately 944 to the front road of the entrance of the department store, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries about criminal records, replys to criminal records, investigation reports (verification of past records on the punishment of the same kind of case);

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 Criminal Act provides that even though the defendant has been punished three times for drinking without a license since 2002, the quality of the crime is not good for drinking and driving without a license, considering the fact that he/she has been punished as a fine in relation to confession, reflectness, driving without a license, and driving without a license, he/she shall be suspended the execution of the punishment at once);

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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