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(영문) 수원지방법원 성남지원 2014.09.12 2014고단1809
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 April 18, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on April 18, 2008, a fine of two million won for the same crime from the Sungnam branch of the Suwon District Court on November 4, 2010, and a fine of five million won for the same crime at the Jungwon District Court on May 14, 2013.

On July 18, 2014, at around 23:01, the Defendant driven a Bbee cruise car under the influence of alcohol content 0.139% without a driver’s license, with approximately 2 km from the history of the other members of the Jung-gu other party to Seongbuk-gu, Seongbuk-gu, Sungnam-si to the other member of the other members of the Jung-gu, Sungnam-si, Seoul, to the other member of the other member of the other member of the party.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is for the defendant being sentenced to a fine not exceeding four times due to drunk driving or unlicensed driving, but the fact that the defendant was committed while committing a crime, and that the defendant is divided, and the defendant's age, character and behavior, environment, family relationship, etc. are comprehensively taken into account, and the sentencing conditions shall be determined as ordered.

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