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(영문) 수원지방법원 성남지원 2016.05.11 2016고단585

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 December 2, 2009, the Defendant is a person who has been in violation of the provisions of the Road Traffic Act (drinking driving), such as a summary order of a fine of one million won or more due to a violation of the Road Traffic Act, and a summary order of a fine of three million won or more due to the same crime at the Seoul Central District Court on February 9, 2015.

On March 8, 2016, the Defendant, without a driver’s license, driven a B liquid sports cargo vehicle under the influence of alcohol content of about 0.129%, while under the influence of alcohol, with approximately 5 kilometers from the vicinity of the Seocho-gu Seoul Metropolitan Government Yang Jae-dong to the roads in front of the 208 Sinung-dong, Seongdong-gu, Sungnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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 ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

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 (Taking into account the disposition of vehicles and the fact that there exists no record of criminal punishment exceeding a fine due to the same kind of crime);

1. An order to attend a course under Article 62-2 of the Criminal Act;