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(영문) 수원지방법원 2017.01.12 2016고단6381
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 13, 2012, the Defendant was issued a summary order of KRW 6 million by the same court on March 11, 2015, when the same court issued a fine of KRW 3 million due to the same offense, etc., in the case of a violation of the Road Traffic Act, at the Suwon Friwon method, respectively.

On September 23, 2016, the Defendant driven B rocketing car under the influence of alcohol content of 0.290% in the blood alcohol concentration of 0.290% without a vehicle driver’s license from the road near the restaurant in the Pann Sea State of Pyeong-gu, Suwon-si, the Suwon-si, to the road front of the Montreal hotel, approximately 1023 150 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver employed by each owner;

1. Response to a request for appraisal;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (where there are many criminal records of the same kind, however, there are no criminal records exceeding

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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