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(영문) 수원지방법원 안산지원 2017.10.27 2017고단2334

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

On November 25, 2009, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 4 million for the same crime on October 31, 2016 at the Ansan-si Support for Suwon-si District Court, respectively. < Amended by Presidential Decree No. 27804, Oct. 31, 2016>

On August 19, 2017, the Defendant driven a B clova vehicle without a driver's license in the state of alcohol alcohol concentration of approximately 100 meters from a section of approximately 100 meters to the front road of the luminous Police Station located digital in the same city from the iron acid commercial zone, which was located in the iron acid at the time of light lighting around 06:05.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger (A);

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), two copies of a summary order, and two copies of a judgment;

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 alternative imprisonment with prison labor (the punishment records of the same type, the degree of alcohol concentration in the blood, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 2

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;