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(영문) 수원지방법원 성남지원 2016.09.29 2016고단1952
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above imprisonment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] The Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million on October 6, 2014 for a violation of the Road Traffic Act (driving in drinking), and a summary order of KRW 3.5 million for a fine of KRW 1.5 million on February 14, 2014 for the same crime, respectively.

[2] On July 9, 2016, the Defendant driven a non-registered motor bicycle under the influence of 0.075% alcohol concentration in blood, without obtaining a bicycle driver’s license, from the front of a mutual influor cafeteria located in the Gandong Eup located in Gyeonggi-si, Gwangju to the front of the Gandong Panel located in the same Eup/Myeon located in the same Eup/Myeon.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol more than twice, he again driven a motor vehicle without a license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note, notification of the results of crackdown on drinking driving, the circumstantial report on the driver's license, and output of the vehicle driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 154 subparagraph 2, and 43 of the Road Traffic Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for crimes of violation of the Road Traffic Act and crimes of violation of the Road Traffic Act (motor-driven driver's license for bicycle riding) and crimes of violation of the Road Traffic Act);

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;

1. It is so decided as per Disposition on the grounds of protection observation and community service and order to attend lectures under Article 62-2 of the Criminal Act or more;

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