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(영문) 수원지방법원 안산지원 2017.08.23 2017고단1797
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

【The Defendant was issued a summary order of KRW 1 million on February 5, 2008, due to a violation of road traffic law (drinking) in the support of the Suwon Frigwon, etc. on February 5, 2008. On May 14, 2015, the same court issued a summary order of KRW 2.5 million due to a violation of road traffic law (drinking).

【Defendant Inasmuch as he/she violated the foregoing provision on prohibition of driving under the influence of alcohol twice or more, Defendant 1 operated Daba under the influence of alcohol with approximately KRW 0.227% alcohol concentration in the blood without obtaining a driver’s license from the street in front of the citizen market located in the original valley-dong of Ansan-si on June 20, 2017 to about KRW 76 km-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) and an investigation report (in the case of a driver with the main driver), etc.;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do134, Feb. 1, 201>

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

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