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(영문) 수원지방법원 성남지원 2013.12.19 2013고단2519
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

[criminal power] On April 19, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on January 19, 2009, a fine of KRW 1 million as a crime of violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on January 19, 2009, and a fine of KRW 2,50,000 as a crime of violation of the Road Traffic Act (driving) at the Seoul Western District Court on January 13, 2012.

【Criminal Facts】

On October 18, 2013, the Defendant, without obtaining a driver’s license at around 20:00, driven a public parking lot located in Gwangju Metropolitan City to the end of 74-12, Hanam City, from the public parking lot located in Gwangju Metropolitan City to the end of 74-12, from the end of the Hanam City, while under the influence of alcohol by 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Notification of the result of crackdown on drinking driving;

1. Criminal records: Application of the Acts and subordinate statutes by inquiry and inquiry reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Taking into account that there is no previous conviction exceeding a fine);

1. Probation and demotion orders under Article 62-2 of the Criminal Act;

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