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(영문) 수원지방법원 2014.01.08 2013고단6234
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 August 8, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on August 8, 2012; on March 12, 2010, the same court issued a summary order of KRW 2.5 million for the same crime; and on October 9, 2009, issued a summary order of KRW 1 million for the same crime at the same court.

On October 21, 2013, the Defendant, without obtaining a driver’s license at around 21:40 on October 21, 2013, driven a car in B 13 km away from the 13km section to the front road of the Dong branch of the Dong branch, which is located in the ewing-gu in the ewing-gu Eup at the time of harmony, under the influence of alcohol content of 0.11%.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Report on the statement of the status of an employer-employed driver, and the written report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, a criminal investigation report (Attachment to the previous and summary order);

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. 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 provides that the execution of the sentence shall be suspended considering the fact that the criminal defendant has been punished for driving under the influence of alcohol again, even though he/she had the record of punishment for driving under the influence of alcohol again, he/she has

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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