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(영문) 수원지방법원 2016.12.14 2016고단6450

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

Reasons

Punishment of the crime

[criminal power] On January 8, 2010, the Defendant received a summary order with a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act at the Suwon District Court on the same day, and KRW 8 million as a fine in the same court on August 14, 2013.

[Specific Crime] The Defendant, while under the influence of alcohol content 0.19%, did not obtain a driver’s license, and driven B vehicles at approximately 1 km away from the front road of the Suwon-dong fire station in the same city on October 19, 2016, on the front road of the Suwon-dong, Suwon-dong, U.S. Si (U.S.), around 06:20.

As a result, the Defendant, who was punished twice or more due to drinking driving, was driving a motor vehicle under the influence of alcohol, while driving a motor vehicle at the same time without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;

1. Registers of driver's licenses;

1. Criminal records as stated: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du148, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;