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(영문) 수원지방법원 성남지원 2016.01.21 2015고단2589

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

On January 23, 2013, the Defendant was issued a summary order of KRW 2 million on the grounds of a violation of road traffic law (drinking driving) in support of the Sungnam-gu Friwon method, and a fine of KRW 4 million on June 29, 2015 in the same court.

On August 18, 2015, the Defendant, who is engaged in driving of B Carping Vehicle, driven the said vehicle under the influence of alcohol by 0.060% of alcohol concentration in the middle of the military unit located in the pool-dong, Nam-si, Nam-si without a driver’s license on August 18, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Inquiry into driver's licenses;

1. References to inquiries about criminal history, application of Acts and subordinate statutes on investigation reports (formers and confirmations);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;