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(영문) 수원지방법원 성남지원 2017.07.20 2016고단2412
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

[Power of crime] The Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act from the Suwon method Board on October 2, 2008, a summary order of KRW 2 million for the same crime in the same court on September 18, 2009, and a summary order of KRW 8 million for the same crime in the same court on April 14, 2016, respectively.

[2] On July 29, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on July 29, 2016, driven the Brocketing motor vehicle at approximately 2 km from the mnives of the Heung-gu Si, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City under the influence of alcohol content of 0.156%.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the previous conviction 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. 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 (the grounds for recognizing the defendant's mistake and having no criminal record exceeding a

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

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