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(영문) 수원지방법원 2014.04.16 2014고단318
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 March 9, 2007, the Defendant issued a summary order of 1.5 million won by a fine due to a violation of the Road Traffic Act, etc. at the Suwon District Court, and on December 10, 2010, the same court issued a summary order of 2 million won by a fine due to a violation of the Road Traffic Act.

On November 12, 2013, at around 00:20, the Defendant, without a car driver’s license, driven a B1 ton cargo vehicle from the front side of the “culbane sawbomb (b)” in the Suwon-gu, Suwon-gu, Suwon-si, under the influence of alcohol content of 0.161% without a car driver’s license, to the front side of the 122 Northwest-gu, Suwon-si, Suwon-si.

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. Registers of driver's licenses;

1. Previous records: References to inquiries, such as criminal records, investigation reports (report attached to a summary order of the same kind of suspect), and application of each summary order Acts and subordinate statutes;

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 (the period of suspension of execution shall be the period after considering the following: (a) the execution of the sentence is suspended, in consideration of the fact that the defendant is punished by a fine in relation to driving under drinking, even though he/she had a record of driving under drinking again, he/she is not guilty of the crime

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

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