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(영문) 수원지방법원 성남지원 2015.10.21 2015고단1261

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 of the final judgment.

Reasons

Punishment of the crime

On September 21, 2012, the Defendant was punished by a fine of one million won or more for a violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on September 21, 2012, and a fine of one million won or more for a violation of the Road Traffic Act at the same court on April 24, 2013.

On June 26, 2015, around 23:36, the Defendant driven a DNA-learning car in the state of alcohol alcohol concentration of 0.085%, without obtaining a driver's license, from the her mother station in Seongbuk-gu, Seongbuk-gu, Sungnam-si to the front side of the new luminous charging station located along the Gyeongju-si, Gwangju Metropolitan City, to around 10 kilometers.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial report of an employee;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant is against his/her will and that he/she has no criminal records, in addition to twice the fine, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;