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(영문) 수원지방법원 성남지원 2016.09.29 2016고단1963
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 10, 2014, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act at the Dong District Court in Seoul, and a fine of KRW 3 million as a crime of violating the Road Traffic Act (driving of alcohol) at the Sungnam Support Center of Suwon Friwon, on November 10, 2014, respectively.

[2] On May 11, 2016, the Defendant driven a vehicle with a alcohol level of approximately KRW 0.176% in blood while under the influence of alcohol level of KRW 0.176%, without obtaining a driver’s license, from around 3km in front of the camping tower in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Seoul, to the day before the swimmingel in front of the same city-gu, Jungwon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstances of driving, reporting on the situation of driving without a driver's license, the ledger of driver's licenses, the results of regulating the driving of alcohol, the statement of the circumstances of the driver's license, and personal inquiries about the reports on the main driving;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of a report on criminal history (referring to inquiries about the past records of the same

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for the crimes of violation of Road Traffic Act, between the crimes of violation of Road Traffic Act, and the crimes of violation of Road Traffic Act (non-licensed driving), and the crimes of electronic crimes);

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 suspended execution;

1. It is so decided as per Disposition on the grounds of protection observation and community service and order to attend lectures under Article 62-2 of the Criminal Act or more;

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