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(영문) 수원지방법원 2016.08.18 2016고단2104

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 21, 2011, the Defendant was issued a summary order of KRW 3 million with fines for a violation of the Road Traffic Act (driving), etc. at the Suwon Friwon method, and on October 31, 2012 at the same court, a summary order of KRW 5 million with the same offense, etc.

On April 24, 2016, the Defendant driven B rocketing car under the influence of alcohol content of 0.122% in the blood without a driver’s license from the Cheongdo-Do Cheongdo-do Cheongdo-dong, the wife population of which is high, Cheongdo-dong, Cheongdo-dong, the Defendant driven the B Hado-dong car under the influence of alcohol content of 0.12% in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 suspension of execution (including the fact that the criminal defendant is against his/her gender and that there is no criminal record exceeding the fine due to the same kind of crime);

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