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(영문) 수원지방법원 2018.06.12 2018고단911
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal history] On October 2, 2008, the Defendant was issued a summary order of a fine of two million won for a violation of road traffic law at the Suwon Flag Flag, and the Defendant was issued a summary order of a fine of two million won on March 29, 2017 at the prosecutors' office located in Suwon Flag on March 29, 2017.

[Criminal facts] On December 30, 2017, the Defendant driven C Poter Cargo Vehicles without obtaining a driver’s license under the influence of alcohol level of 0.106% in the blood alcohol level on the front side of Suwon-gu, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of revocation of a driver's license, copy of a temporary driver's license, details of revocation of a driver's license, notification of the results of crackdown on drinking driving, ledger of driver's licenses, and next inquiry;

1. Previous conviction: Application of a reply to inquiry, a copy of a summary order, and a copy of a decision not to prosecute, such as criminal history;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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;

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