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(영문) 수원지방법원 여주지원 2016.05.04 2016고단99

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 May 20, 2013, the Defendant was notified of a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Daejeon District Court. On November 20, 2015, the Defendant was notified of a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Central District Court.

On January 10, 2016, the Defendant, without a driver’s license, driven a B-tem motor vehicle from around 20km to the front road of the White City in Eunpyeong-gu, Seoul, under the influence of alcohol level of 0.138% in blood during the blood without a driver’s license, from around 20km to the front road of the White City in Eunpyeong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 suspended execution;

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