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(영문) 수원지방법원 2014.07.16 2014고단1854
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

The Defendant was issued a summary order of KRW 5 million at Suwon District Court on September 5, 2012 due to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) and a fine of KRW 5 million on February 12, 2014 for a violation of the Road Traffic Act (driving).

On 02:50 on 13. 03. 13. 02:0 on 02:0 on 13. 03. 13. 13. 00, the Defendant driven a bwal-III vehicle with a blood alcohol concentration of 0.135% under the influence of alcohol without obtaining a driver’s license in the 1km section from the Do in front of the piracy House located in the substitute of Osan City to the road located in 14

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records: A reply to inquiries, such as criminal records, the absence of disposition, reporting on results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment to separate summary orders);

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 sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act provides that the execution of the sentence shall be suspended periodically, considering the fact that the defendant has been punished for driving 5 times on the five occasions, but it is not good that the crime is committed by drinking again or driving without a license despite the fact that the defendant has a record

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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