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(영문) 수원지방법원 2016.08.24 2016고단3365
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] On May 30, 2012, the Defendant was issued a summary order of KRW 6 million each by a fine of KRW 3 million in the same court due to a crime of violating the Road Traffic Act (drinking) at the Suwon Flag Flag method Board, and on February 12, 2015, a fine of KRW 3 million was issued by the same court.

[Specific criminal facts] On May 22, 2016, at around 01:00, the Defendant driven a B-to-be car without a driver’s license, under the influence of alcohol content 0.114% in alcohol while under the influence of alcohol during blood, from around the 01:0 to the 3rd road of the 1.5km-dong B-to-be, Sinpo-si, Suwon-si, Sinpo-si, Sinpo-si, Sinpo-si, to the luan-dong B-to-si, Sinpo-gu, Sinpo-si

Accordingly, the Defendant had been punished for driving under drinking more than twice, but was under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of a driver driving a drinking, notification of the results of regulating the driving of drinking, and records of measurement of drinking;

1. The driver's license ledger;

1. Records of judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (the same criminal record as the suspect);

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 amount of punishment (see, e.g., the fact that the commission of a crime is recognized and reflected, and the fact that there has been no previous conviction of a fine exceeding ten years);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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

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