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(영문) 수원지방법원 2014.04.24 2014고단319
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On December 27, 2006, the Defendant was sentenced to a suspended sentence of five months by imprisonment for a crime of violation of the Road Traffic Act at the Suwon District Court on December 27, 2006. On February 4, 2013, the Defendant was sentenced to a summary order of a fine of five million won by the same court as the same crime.

【Criminal Facts】

On December 29, 2013, the Defendant, without obtaining a driver’s license on December 29, 2013, driven a 2 kilometer chip low-water vehicle up to the road front of the water zone front of the water center located in the Anngue-si, Gung-si, Gung-si, Annung-si, the alcohol concentration of which is 0.087% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the status of a driver and a driver's license ledger;

1. Previouss before and after judgment: Application of criminal records, inquiry reports (a summary order and attachment report accompanied by a copy of judgment) and Acts and subordinate statutes;

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 penalty: Imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflective points);

1. Suspension of execution: Article 62 (1) of the Criminal Act (Concurrent Consideration for reasons for discretionary mitigation);

1. Order for community service and lecture attendance: Article 62-2 (1) of the Criminal Act;

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