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(영문) 수원지방법원 2013.12.12 2013고단4499
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 8, 2013, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on July 23, 2010, a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act was issued by the Suwon District Court.

On July 30, 2013, the Defendant, at around 23:46, driven a 5k section of the site located in the Ganpo-si Suwon-si, Gyeonggi-si, where the trade name in the Orpo-si, Sinpo-si, Gwangju-si, is unknown, and was under the influence of alcohol with 0.101% of the blood alcohol concentration without a car driver’s license, from around the 5km section to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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