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수원지방법원 2016.06.29 2016고단1726

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

[criminal history] The Defendant is a person who has a driving force twice or more, such as having a fine of 1.5 million won for a violation of road traffic law at the Suwon Flag method Board on July 10, 2009, a fine of 1.5 million won for the same crime in the same court on March 18, 201, and a fine of 1.5 million won in the same court on December 17, 2014, and a summary order of 5 million won in the same court on the same crime, etc.

[2] On April 12, 2016, at around 00:42, the Defendant driven a clater under the influence of alcohol content of 0.09% while under the influence of alcohol without obtaining a driver’s license from a section of about 50 meters from the front of entrance of a movable apartment, apartment, which is instigates in the right line of Suwon-si, to the front road of the same 1050-way road.

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: Application of an inquiry letter, such as criminal history, investigation report (Attachment of a criminal suspect A's previous record of drinking and a summary order), and summary order;

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 to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55(1)3);

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;