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(영문) 수원지방법원 안산지원 2016.08.25 2016고단2090

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to 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 19, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Central District Court on November 19, 2010, and KRW 5 million for the same crime at the Gwangju District Court on January 29, 2014, and violated Article 44(1) of the Road Traffic Act at least twice.

On June 11, 2016, the Defendant driven a BN-si car at a section of about 300 meters from the 300-meter radius from the 14:43 square meters, while under the influence of alcohol by 0.149% in blood without a driver’s license, and the Defendant driven a BN-si car at the section of approximately 300 meters from the 2nd day of the 19th Haak-dong, Sinpo-dong, Sinpo-si to the blind distance in the apartment mobilization.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the Acts and subordinate statutes described in subparagraph (A) to inquiries, such as a report on the state of driving, a circumstantial report on the state driver, a ledger of driver's licenses, a blood alcohol appraisal report, and criminal history;

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. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act of the Order to attend lectures and the community service order;