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(영문) 수원지방법원 성남지원 2015.04.10 2015고단304
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 of the final judgment.

Reasons

Punishment of the crime

On July 20, 201, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on July 20, 201, and a summary order of KRW 4 million for the same crime in the leisure branch of Suwon District Court on September 15, 201 and violated Article 44(1) of the Road Traffic Act at least twice.

On February 20, 2015, the Defendant, without obtaining a driver’s license on a motor vehicle, driven a motor vehicle with balpted B from about 500 meters in the section of about 500 meters from 0.073 meters from the Dog in Gwangju-si to the front road of the Doggrogian, in the state of drinking alcohol concentration of 0.073%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 (including the fact that the defendant's mistake reflects his/her own mistake and again does not drinking or drive without obtaining a license; the fact that there is no record of punishment exceeding the fine for the same kind of crime; the defendant's age, character and conduct, environment, etc. are considered);

1. Article 62 (1) of the Criminal Act;

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