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(영문) 수원지방법원 2013.07.25 2013고단1470
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

On January 18, 2008, the Defendant was punished by a fine of 700,000 won for a violation of the Road Traffic Act at the Suwon District Court on January 18, 2008, and a fine of 2 million won for a violation of the Road Traffic Act at the Suwon District Court on July 17, 2009.

On March 31, 2013, at around 22:50, the Defendant driven a B earthcar under the influence of alcohol concentration of about 0.067% without obtaining a driver’s license from a section of about 200 meters in front of ELM in the Jinan-dong in the same city on the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

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

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

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