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(영문) 수원지방법원 2014.05.15 2013고단6187
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 10, 2009, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Suwon District Court on July 10, 200, and a fine of four million won due to a violation of the Road Traffic Act (driving) at the same court on November 19, 201.

[2013 Highest 6187] On October 28, 2013, the Defendant driven C Poter vehicle under the influence of alcohol concentration of 0.060% without obtaining a driver’s license from a section of about 300 meters from the road in front of the Seosung-dong, Suwon-si, Suwon-si, Suwon-si, to the roads in front of the same Gu.

[2014 Highest 1667] On March 8, 2014, the Defendant driven approximately 200 meters c knife c knife c knife, which was under the influence of alcohol by 0.128% at the 0.128% under the influence of alcohol without obtaining a driver’s license on March 8, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each driver's license inquiry;

1. Statement of the oral statement of the employer-employed driver, and the report on the oral statement of the employer-employed driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (limited to the same type of criminal records);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, respectively;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act for community service and lecture attendance order;

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