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(영문) 수원지방법원 2016.05.18 2016고단32

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

Reasons

Punishment of the crime

On January 28, 201, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on December 22, 2011, the Defendant was sentenced to a suspended sentence of KRW 10 million for 10 months in imprisonment with prison labor for the same crime in the same court, etc., and on November 22, 2012, the Defendant was sentenced to a fine of KRW 10 million in the same court.

On December 17, 2015, the Defendant driven BM5 car under the influence of alcohol content of about 0.092% without obtaining a driver’s license from around 100 meters from around 100-day ampers around 17, 2015 to 10-day-distance-distance-distance-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver at the main place and a statement on the circumstances of the driving at the main place;

1. The driver's license ledger;

1. Photographs;

1. Criminal records as stated: Application of a reply to inquiries, such as criminal records, investigation reports (the previous reports and binding reports, such as judgments, etc.);

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 the amount of punishment (including the fact that a mistake is pened, the fact that there is no record of criminal punishment except for the previous conviction in the judgment, and the degree of the master of the defendant, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;