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(영문) 수원지방법원 안산지원 2014.09.24 2014고단879
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2010, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Suwon District Court's Ansan Branch on January 28, 2010, and on June 28, 2012, the above summary order became final and conclusive upon receiving a summary order of KRW 5 million from the same court due to a crime of violation of the Road Traffic Act (driving).

On April 8, 2014, at around 21:30, the Defendant driven a 3km car with blood alcohol content of 0.115% while under the influence of alcohol without obtaining a driver's license from the front day of the road from the front day to the private distance of the Taesung Elementary School located in 559 on the 3rd day of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. A driver's license inquiry;

1. Previous conviction in judgment: Application of an investigation report (Attachment of the previous and summary order; Attachment of a copy of the previous and summary order; including attached documents);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (including the fact that the defendant has no criminal record other than a fine, the fact that the defendant supports his wife and minor children, and the fact that the defendant is against his/her will);

1. Orders to provide community service and attend lectures: Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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