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(영문) 수원지방법원 2014.12.17 2014고단6245
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 November 25, 2013, the Defendant was sentenced to a summary order of KRW 3 million by the Suwon District Court due to a violation of the Road Traffic Act, etc., and on May 22, 2008, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Suwon District Court.

On October 31, 2014, at around 23:27, the Defendant, without a driver’s license, driven a B-learning car at a distance of approximately 100 meters from the day 100 meters away from the right line area at the time of Suwon, while under the influence of alcohol by 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the execution of the sentence shall be postponed at once only in consideration of all the circumstances, such as the fact that the defendant was punished for drinking and driving without a license, even if such circumstances

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;

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