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(영문) 수원지방법원 2014.10.29 2014고단4527
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 1, 2013, the Defendant was notified of a summary order of KRW 1,50,000 by a fine for a violation of the Road Traffic Act at the Suwon District Court on November 1, 201, and was notified of a summary order of KRW 5 million by the same court on March 26, 2014.

On July 25, 2014, around 21:49, the Defendant driven a Bsch Rexton car with approximately 300 meters alcohol concentration 0.105% under the influence of alcohol without a vehicle driver’s license from a section of approximately 300 meters from the front day of the mutually influent main office to the front day of the discharge from active service located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. A report on the actual status of a host driver;

1. A reply to inquiries, such as criminal records;

1. Application of Acts and subordinate statutes to investigation reports (attached to summary orders of like A by a suspect);

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 (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the execution of the sentence shall be suspended by taking into consideration the fact that

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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