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(영문) 수원지방법원 2016.03.04 2015고단6229

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 January 4, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of road traffic laws at the Seoul Southern District Court on March 26, 2007, with a fine of KRW 2.5 million for a crime of violation of road traffic laws at the Busan District Court Branch Branch of the Incheon District Court on March 26, 2007, and with a fine of KRW 5 million for a crime of violation of road traffic laws at the Suwon District Court on December 2, 2015.

[2] On December 8, 2015, the Defendant: (a) driven a Bspke car with approximately 300 meters alcohol concentration of 0.20% while under the influence of alcohol without a driver’s license, from the head of Si/Gun/Gu to the center of the earth located in 15, from the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Gu,

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. The driver's license ledger;

1. Records of crime: The application of a written reply to inquiry, such as criminal history, and statutes on the suspect interrogation protocol to the accused;

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. Article 53 and Article 55(1)3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55(1)3);

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;