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(영문) 수원지방법원 2016.03.23 2016고단87
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

On November 12, 2010, the Defendant was sentenced to a summary order of a fine of KRW 5 million on the grounds of a violation of the Road Traffic Act (driving on drinking), etc. at the Suwon Flag method Board on November 12, 2010, and was sentenced to a suspended sentence of two years on September 26, 2013 due to a violation of the Road Traffic Act (driving on Drinking) at the Suwon Flag method Board.

On December 13, 2015, the Defendant driven a B-hand car under the influence of alcohol content of 0.057% in the blood alcohol level without obtaining a driver’s license from the front of the restaurant near Eart-gu, Mai-gu, Gung-si to the front road located in Gung-si, Gung-si, Gung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driver in charge of the primary driving;

1. A driver's license inquiry;

1. Records of judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, investigation reports (Attachment of judgment, etc.), and text of judgment, such as criminal history;

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 stay of execution (the stay of execution of imprisonment shall be decided to suspend the execution of imprisonment for a limited period of time in consideration of the following: (a) Article 62(1) of the Criminal Act (the fact that the commission of the crime is recognized and is against the depth of the crime; (b) the state is not serious; and

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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