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(영문) 수원지방법원 2014.05.28 2013고단7141
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 April 4, 2012, the Defendant received a summary order of KRW 4 million from the Suwon District Court to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 5 million due to a violation of the Road Traffic Act (driving on July 10, 2012).

On November 25, 2013, at around 22:45, the Defendant driven a DK5 car under the influence of alcohol without a driver’s license, from about 1km section to about 0.171% of alcohol level, from the coast road located in the luminous Balig, through through a common city, to the day before the restaurant’s restaurant.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Registers of driver's licenses;

1. Previous records: The application of inquiry letter, investigation report, and statutes, such as 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. 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 nature of the crime is not good by driving under drinking again even though the defendant was punished for driving under the influence of alcohol on three occasions, but the execution of the punishment shall be suspended by considering the absence of

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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