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(영문) 수원지방법원 2014.03.26 2014고단52
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 January 16, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Suwon District Court on September 11, 2009, a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) at the Suwon District Court on July 30, 201, a fine of KRW 3.5 million as a crime of violation of the Road Traffic Act (driving) at the Suwon District Court on July 30, 2010, and a fine of KRW 4 million as a crime of violation of the Road Traffic Act at the Suwon District Court on October 31, 2012.

At around 21:10 on December 20, 2013, the Defendant, without obtaining a driver’s license, driven B rocketing car under the influence of alcohol with approximately 60 meters alcohol content 0.138% from the 60-meter section to the road before the luenepact flusium located in Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of the Korea Transportation Agency;

1. The driver's license ledger;

1. Previous records of judgment: Application of inquiry letter, investigation report (Attachment to previous records and written judgments, etc.) and statutes, including 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. 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 (the execution of a sentence shall be suspended at once only in consideration of the fact that a person has been punished for driving under the influence of alcohol again despite his/her past record of punishment for driving under the influence of alcohol again is not guilty of the crime, but all of the penalties concerning confession, reflectivity, and drinking

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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