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(영문) 수원지방법원 성남지원 2014.01.17 2013고단2774
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 23, 2006, the Defendant was issued a summary order of KRW 3.5 million by the Seoul Central District Court due to a violation of the Road Traffic Act (driving). On May 6, 2013, the Defendant was issued a summary order of KRW 2 million due to a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of the Suwon District Court.

On August 8, 2013, at around 02:55, the Defendant, without obtaining a driver’s license, driven approximately 4km-man’s car on the roads near the river located in the sub-gu of Sungnam-si, Sungnam-si, Sungnam-si, in the influence of alcohol by 0.104% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. On-going reports on drivers, and on the results of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

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 of the community service order is the defendant, who has been sentenced four times to a fine due to the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act. However, although the defendant is committed at the time of committing the crime, and the defendant is divided, and is not required to drive drinking or non-licensed driving again, the punishment as the order shall be determined in consideration of the fact that the defendant is not required to do so.

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