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(영문) 수원지방법원 2014.11.27 2014고단5390
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 March 13, 2013, the Defendant has a record of being sentenced to a fine of seven million won due to a violation of the Road Traffic Act (driving) at the Suwon District Court on March 13, 201, and two million won due to a violation of the Road Traffic Act (driving) at the same court on October 16, 2009.

【Criminal Facts】

On September 13, 2014, at around 03:45, the Defendant, without a car driver’s license, driven a B-low vehicle at approximately 200 meters away from the front day of the Sinwon-si Mang-dong Sogdong Funeral Distance to about 483-2, while under the influence of alcohol by 0.149%, without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 (i.e., the reflection of the fact and the absence of any record of punishment exceeding the fine due to the same kind of crime);

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 to attend lectures;

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