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(영문) 수원지방법원 2016.08.10 2016고단2103
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 June 25, 2012, the Defendant was issued a summary order of KRW 3 million by a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 5 million by the same court on December 4, 2014.

1. On April 30, 2016, the Defendant driven BM3 motor vehicles under the influence of alcohol content of 0.119% while under the influence of alcohol while under the influence of 0.119%, without obtaining a driver’s license, from the front line of “non-fast distance” located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the front line of “non-fast-fast distance” of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si,

2. The Defendant operated the said SM3 car that was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Criminal records indicated in the judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same kind of force) statute;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that a mistake is recognized and the fact that a fine has not been exceeded has not been exceeded, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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

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