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(영문) 수원지방법원 안산지원 2016.07.22 2016고단2031

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 July 3, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on July 3, 2009, and on March 3, 2014, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag method.

[Fact of crime] On June 11, 2016, the Defendant driven BM vehicle without a vehicle driver's license in the state of alcohol 0.092% of alcohol concentration from approximately 500 meters away from the 500-meter section of blood alcohol level to the industry of approximately 1127 Ei-dong, Ani-dong, Ani-dong, Ani-dong, Ani-si, Ani-si, Ani-si, Ani-si, Ani-si, Ani-si, Ani-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the place of drinking softing and the result of regulating the driving of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da10

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration as seen earlier);

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