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(영문) 수원지방법원 안양지원 2014.06.26 2014고단693
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 December 31, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Gyeyang Branch of the Suwon District Court on December 31, 2009, and on May 4, 201, the above court was sentenced to imprisonment for six months and suspension of execution for a violation of the Road Traffic Act.

On February 19, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.074% without obtaining a driver’s license on February 23, 2014, and the Defendant driven a DSM (SM) 5 car at a section of about 300 meters from the front of the Geum-dong, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and report on the situation of operating without a license;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previous records of judgment: The application of criminal records, repeated statements, and 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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is willing not to repeat a crime in violation of his depth);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation)

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

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