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(영문) 수원지방법원 안산지원 2014.10.22 2014고단1345
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

On October 2, 2008, the Defendant received a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) from the Daejeon District Court's branch on October 2, 2008, and on March 22, 2013, upon receiving a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) from the Ansan Branch of the Suwon District Court, the above summary order became final and conclusive.

On June 4, 2014, at around 00:42, the Defendant driven a vehicle with approximately 10km from the front road of Yeonsu-gu Incheon Metropolitan City Cheongdoeeeeeeeeeng 203 to the front road in front of the Sindoe Yang-dong, Sinsan-si, Sinsan-si, and without obtaining a driver's license, with a blood alcohol concentration of at least 0.146% under the influence of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes to inquiries, such as investigation reports (Binding copies of summary orders), each summary order (Evidence List 9 and 11), criminal records, etc.;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that there is no criminal record other than a fine for the accused and the fact that the accused is against him);

1. Orders to provide community service and attend lectures: Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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