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(영문) 수원지방법원 2014.06.18 2014고단1743
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 May 30, 2008, the Defendant issued a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act, and on February 18, 2014 by the same court as the same crime.

On March 16, 2014, around 06:50 on March 16, 2014, the Defendant driven Bone Star vehicle under the influence of alcohol content of 0.130% without obtaining a driver’s license from the front of a cafeteria in the Seo-gu Seoul Special Metropolitan City, Seo-gu to the day front of the orchard located in the same Gu orchard, and without obtaining a driver’s license from the 1km section to the day front of the orchard street in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry statements, investigation reports, and statutes, such as 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. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable reasons among the following reasons for sentencing):

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the execution of the sentence shall be postponed by taking into account the fact that the defendant has no special criminal record in addition to confession, reflectivity, and fines even though he has been punished for driving under the influence of alcohol again;

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

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