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(영문) 수원지방법원 안양지원 2016.04.05 2016고단25
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Power of crime] The Defendant was issued a summary order of KRW 2.5 million on August 16, 2004 with a fine of KRW 2.5 million on the ground of a violation of the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag, and was issued a summary order of KRW 3 million on December 4, 2009 with a fine of KRW 3 million on the ground of a violation of the Road Traffic Act (dacting driving) at the Suwon Flag Flag, and was issued a summary order of KRW 4 million on March 8, 2013 with a fine of KRW 4 million on the ground of a violation of the Road Traffic Act (dacting driving) in the support of the Suwon Flag Flag, which was issued by the Busan District Court Branch on May 13, 2015.

[Criminal facts] On January 2, 2016, the Defendant driven B-low automobiles without a driver’s license while under the influence of alcohol leveling 0.103% in blood at the front of the Venest Golf Course located in the Sinpo-si, Sinpo-si, Sinpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the order to provide community service and attend lectures - The defendant has a record of punishment for the same kind of crime as stated in the records of crime; favorable circumstances: The defendant recognized his/her mistake and reflects himself/herself; and there is no record of punishment more than a suspended sentence since 199;

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