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(영문) 수원지방법원 2014.05.29 2014고단1031
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

[criminal power] On December 30, 201, the Defendant was issued a summary order of KRW 3 million at the Suwon District Court on December 30, 201 by a fine of KRW 3 million for a violation of the Road Traffic Act, and on September 23, 2013 at the Suwon District Court on September 23, 2013 by a fine of KRW 4 million for a violation of the Road Traffic Act.

【Criminal Facts】

On February 18, 2014, at around 02:15, the Defendant driven a motor vehicle from the border of Suwon-si, Suwon-si to the front of the education office distance, without obtaining a driver's license, at a 1km section from around 1km to the road in front of the education office distance, under the influence of alcohol concentration of 0.182%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the operation of a motor vehicle;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009

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

1. Article 62-2 (1) of the Criminal Act for community service and lecture attendance order;

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