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(영문) 수원지방법원 2013.04.17 2012고단6134
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 February 5, 2010, the Defendant was sentenced to a fine of KRW 1.5 million by the Suwon District Court for a violation of the Road Traffic Act, and a fine of KRW 4 million by the same court on July 18, 2012.

On November 17, 2012, at around 00:10, the Defendant, without obtaining a driver’s license, driven a B Trate car at the section of about 6 km from the front of the Egypon vehicle located in Egypology 259-5, Suwon-si, Suwon-si, the source of Suwon-si, the source of which is 0.146%, to the front road of the shooting distance, with the blood alcohol concentration of 0.146%.

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 convictions: Application of Acts and subordinate statutes concerning criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confession, reflectivity, and fine, in addition to punishment, taking into account the absence of any special criminal record);

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act provides that the execution of the sentence shall be suspended at once only in consideration of the fact that the defendant has been punished twice as above, but it is inferior to the quality of the crime by driving under drinking and driving

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

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