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(영문) 수원지방법원 2014.04.23 2014고단1022
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 August 28, 2013, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court on the grounds of the violation of the Road Traffic Act (driving of sound), and KRW 3 million by the charge of the violation of the Road Traffic Act (driving of sound) at the Ansan District Court on February 19, 2014.

Notwithstanding the foregoing power, the Defendant, at around 22:50 on February 26, 2014, driven approximately 500 meters from the boom road located in the Namyang-dong in Yongyang-dong to the original road located in the same Dong, while under the influence of alcohol with a blood alcohol concentration of 0.057% without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Notification of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the execution of a sentence shall be postponed by taking into consideration the following factors: (a) although the defendant was punished for driving under the influence of alcohol twice in a short period, the nature of the crime is not good; (b) confession, reflectivity, and blood alcohol concentration is relatively low; and (c)

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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