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(영문) 수원지방법원 2015.04.22 2015고단826
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 13, 2012, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act from the Daegu District Court on August 13, 2012, and on August 28, 2013, the Defendant received a summary order of a fine of seven million won for the same crime.

On February 22, 2015, at around 13:18, the Defendant driven a B-to-car car without obtaining a driver’s license, under the influence of alcohol concentration of approximately 0.131%, from around 200 meters at the 763th road of Suwon-si Samsung-dong Samsung-dong, Samsung-dong, Samsung-do.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. The ledger of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (report accompanied by the previous and summary order);

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 (the confession and reflection of the crime in this case, the fact that the defendant has no record of punishment exceeding the fine due to the same kind of crime, and the circumstances of the crime in this case, etc.);

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

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

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