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(영문) 수원지방법원 성남지원 2016.10.26 2015고단1222
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2008, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act from the Sung-nam Branch of Suwon District Court on January 8, 2008, and on March 9, 2015, the same court received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act.

On June 30, 2015, at around 20:00, the Defendant driven C Poter under the influence of alcohol concentration of about 10k alcohol without obtaining a driver's license from the section of about 10km from the front of the central market located in Seongbuk-gu Busan Metropolitan City to the front road of the luminous station located in Gwangju Metropolitan City, Gyeonggi-do.

Summary of Evidence

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend (the imposition of a certain period of community service is reasonable in order for the defendant to return to a sound member of society in view of the records, etc. of the defendant) is contrary to the period of detention in sentencing, etc.

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