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(영문) 수원지방법원 성남지원 2016.05.12 2016고단356

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[2] On November 22, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving in drinking), a summary order of KRW 2 million in the same court on August 8, 2014 due to a violation of the Road Traffic Act (driving in drinking), and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving in drinking), in the same court on October 22, 2014, respectively.

[2] On February 11, 2016, around 01:25, the Defendant: (a) driven a BB-type car under the influence of alcohol content of 0.156% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from around about 10km to about 4 roads in the 493-ro, Dancheon-si, Leecheon-si, Leecheon-si, Seoul-si, the main point of the trade name in the vicinity of the Dongcheon-si Integrated Terminal.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. The driver's license ledger;

1. (A) the application of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (a).

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 small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there is no previous conviction except for the previous conviction of a fine for the same type, the fact that social convictions, such as family, occupation, etc

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