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(영문) 수원지방법원 안산지원 2014.07.01 2014고단1116
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 July 13, 2010, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine in the same court on November 6, 2013.

1. On May 11, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) driving at around 17:00, the Defendant driven a CCoc car at a section of about 5 km from the front of the Defendant’s house located in Ansan-si B, Ansan-si, the front of the Defendant’s house located in Ansan-si, and the front of the front and the front of the non-exclusive restaurant.

2. On May 12, 2014, the Defendant was under the influence of alcohol by 05:20 on May 12, 2014 without obtaining a driver’s license, and the Defendant driven the car of the above coconc with the above coconc in the section of about 100 meters from the mutual influent restaurant specified in paragraph (1) to the road front of the same home flusing distance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. A driver's license inquiry;

1. Previous convictions in judgment: Resident inquiry and criminal records, and application of two copies of summary order Acts and subordinate statutes;

1. Subparagraph 1 of Article 152, Article 43, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (a point of driving without a license) of the same Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the defendant reflects his gender, and the circumstances, etc. of the crime in this case);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no record of punishment heavier than the suspension of execution against the defendant, and other factors such as the age, character and conduct, environment

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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