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(영문) 수원지방법원 성남지원 2013.09.04 2013고단1608
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 June 7, 2012, the Defendant was issued a summary order of KRW 6 million due to a violation of the Road Traffic Act (driving) at the Sung-nam branch of Suwon District Court on June 7, 2012, and on May 29, 2013, the Defendant filed a claim for a summary order with the same court for a violation of the Road Traffic Act (driving).

On July 15, 2013, at around 21:40, the Defendant driven a wing freight vehicle B without a driver’s license, under the influence of alcohol content of approximately 0.202% from approximately 1 kilometer to the direction of the car running from the front side of the Western Elementary School located in the Southern-si, Seoul Special Metropolitan City to the front side of the 317th day of the Sunam-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

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. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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