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(영문) 수원지방법원 2016.03.23 2015고단6117

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 September 11, 2013, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 500,000 due to a violation of the Road Traffic Act (driving) at the Suwon Friwon method, and on September 9, 2015 at the same court as the same crime, etc.

On December 1, 2015, at around 21:50, the Defendant driven a B rocketing vehicle under the influence of alcohol content of about 0.134%, without obtaining a driver’s license, in the section of about 1km from the street in front to the road in the same Dong, from the street in front of 575-3 “Sero, Mali-dong,” which is located in the same Dong.

Accordingly, the Defendant, who violated the prohibition on drinking alcohol not less than twice, was driving a motor vehicle without obtaining a driver’s license under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notice of the results of regulating the driving of drinking alcohol and a record of measuring drinking alcohol;

1. The driver's license ledger;

1. Criminal records: Application of inquiry letter, such as criminal history, investigation report (the same criminal record and attachment of a criminal suspect) and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 subparagraph 1 of the same Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the same Act;

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 for mitigation of amount of punishment (including the fact that the commission of a crime is recognized and reflected, and the fact that there is no criminal record of the same kind exceeding the fine, 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;