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(영문) 수원지방법원 2015.05.20 2015고단1110
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 November 14, 2013, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for a violation of the Road Traffic Act, and KRW 3 million by a fine on August 25, 2014 at the Suwon District Court for a violation of the Road Traffic Act.

On March 6, 2015, the Defendant, without obtaining a driver's license at around 03:30 on March 6, 2015, driven Bsch Rexton vehicle at the section of approximately 200 meters in front of the East Village apartment complex located in the same Ri in the intercompact in the middle of the influence of the influence Eup at the time of 0.088% of the blood alcohol concentration without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant does not repeat the crime, such as the fact that he/she acknowledges the crime, reflects the fact that he/she sells the vehicle in question, etc., and that he/she has no record of being punished beyond

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation)

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

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