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(영문) 수원지방법원 2016.02.03 2015고단5449

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant’s summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Suwon Franchising Station on December 17, 2014, and on October 22, 2015, at the same court on October 22, 2015, the date and time of the crime of summary order of KRW 2,00,000 as a fine for the same crime is around 0:15,00,000,000 prior to the instant crime.

each order was issued.

[2] On October 17, 2015, around 02:00, the Defendant stated that the Defendant’s indictment was “out of a driver’s license” in the section of about 500 meters from the 1520 net calendar distance to the vicinity of the 973-3 walled apartment house in the old Young-gu, Young-gu, Suwon-si, Suwon-si, the Suwon-si, and the Defendant’s correction of the indictment without any changes in the indictment. However, according to the evidence duly adopted and examined by this court, this is obvious that it is a clerical error, and even if it is corrected without any changes in the indictment, it is not deemed that the Defendant’s exercise of the right to defense would be practically hindered. Thus, the Defendant’s correction ex

Bsch Rexn car was driven under the influence of alcohol concentration of 0.103% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at drinking, notification of the results of regulating drinking driving, and lifts;

1. The driver's license ledger;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and a report on criminal investigation (written confirmation of a summary order, report on the same criminal record and report) by statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55(1)3);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;