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(영문) 수원지방법원 2017.01.18 2016고단3668
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 was sentenced to a fine of KRW 2 million on October 2, 2007 to a violation of the Road Traffic Act at the Gwangju District Court on the grounds of a violation of the Road Traffic Act, a fine of KRW 3 million on January 29, 2010, a fine of KRW 8 million on August 14, 2013, and a fine of KRW 7 million on March 16, 2016 from the Suwon District Court for the same crime.

[Specific criminal facts] On June 25, 2016, the Defendant driven a B-car under the influence of alcohol content of 0.138% in blood without obtaining a driver’s license from the front day of the Dong-dong Mandong, which was located in the same Gu, to the front day of the Dong-dong, which was located in the same Gu, around Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of a driver who takes driving and notification of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Records of judgment: References to inquiries, investigation reports, and application of summary order Acts and subordinate statutes, 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 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201)

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;

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