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(영문) 수원지방법원 2016.07.13 2016고단2730

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 19, 2008, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on November 27, 2009, the Defendant received a summary order of KRW 3,50,000 as a fine of KRW 3,50,00 as a crime of violating the Road Traffic Act (driving

[Specific criminal facts] On May 11, 2016, the Defendant driven three cargo vehicles with 0.247% alcohol concentration in the blood while under the influence of alcohol without obtaining a driver’s license from approximately 500 meters in the section from the roads in front of the mutual influent sea area in the Nam-si, Namyang-si, Namyang-si, the Namyang-si, Seoul, to the roads in front of the 38AP Central Packaging.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Criminal records as stated in the judgment: To apply a reply to inquiry, such as criminal history, a criminal investigation report (Attachment to a summary order of the same kind of case as the suspect), and a summary order under two Acts and subordinate 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. Articles 53 and 55(1)3 of the Criminal Act to mitigate amount of punishment (including the fact that the commission of a crime is recognized and reflected, and the fact that the fine has not been exceeded, etc.);

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;