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(영문) 수원지방법원 안양지원 2017.09.28 2017고단1221

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 August 19, 2016, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million for a violation of the Road Traffic Act in the support for the development of a water source method, and on March 21, 2017, by the Seoul Central District Court, a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act.

[Criminal facts] On June 2, 2017, the Defendant driven a C-learning car without obtaining a driver’s license in the state of alcohol concentration of 0.151% from the front of the central public parking lot for commercial buildings located in Sinpo City, Mapo-si, Sinpo-si to the front of the public health clinic located in Sinpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history, response to inquiries about criminal history, and report on investigation (a summary copy of an order issued);

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 suspension of execution (see, e.g., Supreme Court Decision 62 (1)

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