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(영문) 수원지방법원 여주지원 2013.05.13 2013고단268
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 24, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the credit branch of Suwon District Court on July 14, 2009, and such summary order became final and conclusive on July 14, 2009. On April 25, 2011, the Defendant issued a summary order of KRW 1.5 million as a fine for the same crime in the same court and the summary order became final and conclusive on May 4, 2011.

On March 13, 2013, the Defendant, at around 19:10, driven a B rocketing car under the influence of alcohol level of about 0.186% without obtaining a driver’s license from a section of about 100 meters from the front day of the Cyun House, Young-gu, Innju-gun, Spanju-si, to the roads in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report (1), 2 (2);

1. On-site photographs;

1. A report on detection of a host driver;

1. Previous convictions indicated in the judgment: Application of criminal records, etc., a copy of inquiry inquiry report, summary order (at least 2009 high-level 1784), summary order (at least 201 high-level 318), and copies of summary order (at least 201 high-level 318), including summary order;

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

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including the fact that the criminal defendant has no criminal record of the same kind of suspended sentence or heavier, and the fact that the criminal defendant is the opposite)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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