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(영문) 수원지방법원 평택지원 2013.06.28 2013고단594
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 June 11, 2007, the Defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Gwangju District Court, and on April 11, 201, a summary order of 1,500,000 won of a fine for the same crime in the Hongsung Branch of the Daejeon District Court.

On May 19, 2013, at around 09:40, the Defendant, without a car driver’s license, driven the said vehicle at approximately 500 meters in a section of about 500 meters from Pyeongtaek-si to the front of Pyeongtaek-dong 2nd apartment without a car driver’s license, while under the influence of alcohol of 0.060%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and an order to attend a probation and an order to attend a lecture is that the defendant commits the crime of this case even though he/she had a history of being punished twice due to drinking driving, and if he/she commits the crime of this case, he/she is selected to be sentenced to imprisonment, but the defendant acknowledges and reflects the mistake, and the blood alcohol concentration of this case is not high, and a probation and an order to attend a lecture shall be issued

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