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(영문) 수원지방법원 2014.11.13 2014고단4856
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

[criminal power] On August 22, 2008, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 3.5 million for a violation of the Road Traffic Act at the Suwon District Court's site on June 12, 2009, a fine of KRW 3.5 million for a violation of the Road Traffic Act at the Pyeongtaek District Court's Eunpyeong District Court's site on June 12, 2009, and a fine of KRW 3 million for a violation of the Road Traffic Act at the Suwon District Court on August 21, 2009.

【Criminal Facts】

On July 17, 2014, at around 22:50, the Defendant driven a private car with no registration, which was not covered by mandatory insurance without a driver's license, at approximately 500 meters from the 500-meter section of blood alcohol concentration from the 100-day nuclear apartment to the 10-day nuclear road, as the 10-day nuclear road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Plastics, piopios, photographics;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 (see, e.g., the reflection of the fact and the fact that there is no record of punishment exceeding the fine for the same kind of crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act for community service and lecture attendance order;

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