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(영문) 수원지방법원 2016.02.17 2015고단6013

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 May 30, 2008, the Defendant was issued a summary order of KRW 1 million from the Seoul Northern District Court to a fine of KRW 1 million, and a fine of KRW 5 million from the Suwon District Court to a violation of the Road Traffic Act (driving of Drinking). < Amended by Presidential Decree No. 2534, Jun. 11, 2014>

[Criminal facts] On November 15, 2015, the Defendant driven an Eystren vehicle under the influence of alcohol leveling 0.105% without a vehicle driver’s license at approximately 200 meters from the front day of the dong store-centered shopping district at the same time to the front day of the same 989 Lart, a day from November 15, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. A driver's license inquiry;

1. Criminal records as stated in the judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to the previous and summary order);

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 to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55(1)3);

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;