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(영문) 수원지방법원 2014.12.17 2014고단4281
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 October 8, 2012, the Defendant received a summary order of KRW 5 million from the Suwon District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million from the same court on August 10, 201 due to the same crime, etc.

On July 11, 2014, at around 04:00, the Defendant driven B-wing vehicles under the influence of alcohol with approximately 20 meters alcohol concentration of about 0.159% without obtaining a driver's license from the GS convenience store front of the Sinsan Sinsi-dong to the 519-17 front roads.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on the state of the operation of a motor vehicle;

1. Registers of driver's licenses;

1. A reply to inquiries, such as criminal records;

1. Application of Acts and subordinate statutes to investigation reports (former and annexed documents);

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 (the grounds for probationary mitigation below);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act shall be suspended to suspend the execution of the sentence, considering the fact that the defendant has been punished for driving five times on drinking again, but

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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