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(영문) 수원지방법원 2013.12.18 2013고단5848
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 April 6, 2007, the Defendant was sentenced to a fine of three million won as a crime of violation of the Road Traffic Act (driving) at the Suwon District Court on April 6, 2007, and a fine of four million won as a crime of violation of the Road Traffic Act (driving) at the same court on September 3, 2010, respectively.

1. Around 03:40 on October 4, 2013, the Defendant driven a B B B B B B B B B motor vehicle under the influence of alcohol content of about 0.238% from a section of approximately 150 meters to the front road of the apartment building located in the area of Jinacheon-dong, Suwon-si, Suwon-si, the area of the second apartment complex, which is located in the area of the Sucheon-dong, to the front road of the same apartment building.

2. Any person who takes over an automobile registered in violation of the Automobile Management Act shall make an application for the registration of ownership transfer to the competent authority within fifteen days;

Nevertheless, the Defendant, from July 25, 2013 to October 4, 2013, operated the D Motor Vehicle E, which was located in Suwon-si, Suwon-si, D Motor Vehicle E, without completing the transfer registration of ownership of a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Inquiry into the enemy;

1. Investigation reports (reports accompanied by motor vehicle registration certificates submitted by suspects);

1. Previous records: Application of inquiries, 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; Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Article 62 (1) of the Criminal Act suspended execution (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 suspended, taking into consideration the existence of any special criminal record, in addition to confession, reflect

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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