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(영문) 수원지방법원 2015.12.09 2015고단4820
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

[criminal power] On December 12, 2012, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for a violation of the Road Traffic Act, and on November 27, 2013, the same court issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On October 22, 2015, the Defendant driven a Bra vehicle under the influence of alcohol concentration of 0.056% without a driver’s license, in front of the road located in the front of the Gambling fishery located in the area of the same city in front of the Gambling fishery located in Suwon-gu, Suwon-si, Suwon-si, and under the influence of alcohol concentration of 0.056% in the blood alcohol concentration of the blood without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. License register;

1. Criminal records as indicated in the judgment: The application of Acts and subordinate statutes to criminal records, reply reports;

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. Mitigation of discretionary work and consideration given to the cases falling under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs and has no previous convictions exceeding the fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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

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