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(영문) 수원지방법원 성남지원 2013.09.06 2013고단1569
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 February 14, 2013, the Defendant issued a summary order of one million won of a fine for a violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on February 14, 2013, and on July 10, 2008, the Seoul Central District Court issued a summary order of four million won of a fine for a violation of the Road Traffic Act at the Seoul Central District Court.

On July 11, 2013, the Defendant, without obtaining a driver’s license on July 22 and 53, 2013, driven a B rocketing car at approximately 4 km on the front of the Sisong-dong, Yan-dong, Seongdong-gu, Seongdong-gu, Seoul, Seoul, with the alcohol concentration of 0.171%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of criminal records and summary order 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 reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are previous convictions sentenced to a fine not exceeding six times due to drinking or non-licensed driving, but considering the fact that the accused is committed at the time of committing a crime, is divided, and that he is not required to drive a drinking or non-licensed driving again, the punishment shall be determined as ordered by the Ordinance.

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