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(영문) 수원지방법원 성남지원 2016.10.07 2016고단2378

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Criminal power is issued by the Daejeon District Court on August 30, 2012 a summary order of KRW 5 million for a crime of violation of the Road Traffic Act, and on May 12, 2014, a summary order of KRW 7 million for a crime of violation of the Road Traffic Act is issued by the Suwon District Court on May 12, 2014.

Criminal facts

On July 23, 2016, the Defendant, without obtaining a driver’s license, driven a B-low-income vehicle from the upper street of about 11-9 Do, 382, to the upper street of about 800 meters from 380 meters from the upper street of 11-9 Do, Sungnam-gu, Sungnam-gu, Seoul, in the state of drinking alcohol concentration of 0.086%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against the driver without a license, report on the status of the driver without a license, and the status of the driver without a license;

1. Disqualifications of the main office;

1. Previous convictions in judgment: Application of two copies of criminal records and summary order under Acts and subordinate 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of alternative imprisonment with prison labor (the repetition of the same type of crime);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (a confession and reflective point);

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence of imprisonment);

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