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(영문) 수원지방법원 2017.01.18 2016고단6951
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 January 22, 2010, the Defendant issued a summary order of a fine of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Suwon Friwon method, and on August 23, 2016, the Defendant violated the regulations on prohibition of driving at least twice, such as a summary indictment of a fine of KRW 5 million for the same crime at the same court.

Nevertheless, at around 22:55 on October 5, 2016, the Defendant, without a driver’s license, operated a B-learning car from approximately 3 km to the front road of the apartment complex, where the Defendant was under the influence of alcohol by 0.094% in alcohol level from the roads near the mutual influence cafeteria to the influence 12 in the Jinan-si, Jin-si, which is located in the Jin-si, at the time of harmony.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Records of judgment: References to inquiries, such as criminal history, reports on the results of the investigation report, and the application of statutes on investigation reports;

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 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201)

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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