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(영문) 수원지방법원 2013.08.29 2013고단2066
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[2013 Highest 2066] Around 02:30 on April 13, 2013, the Defendant driven B Mt Motor Vehicle while under the influence of alcohol content of about 0.206% at approximately 4km from the 4km section to the front road of the Manman Residents' Center located in the same Gu, Suman-dong.

[2013 Highest 3865] On May 29, 2009, the Defendant issued a summary order of a fine of two million won at the Suwon District Court for a violation of the Road Traffic Act (driving). On the other hand, the Defendant carried out drinking driving as stated in the above [2013 Highest 206] criminal facts.

At around 23:25 on July 9, 2013, the Defendant, without obtaining a driver’s license, driven a mae-car under the influence of alcohol with a blood alcohol concentration of about 0.124%, over a section of about 5 km from the flive road located in the Chon-dong in Suwon-si, Suwon-si to the roads preceding the Sejong Elementary School located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of each host driver;

1. The General of Driver's Licenses (A);

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts; Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning criminal facts;

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 62 (1) of the Criminal Act;

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

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