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(영문) 수원지방법원 성남지원 2017.01.12 2016고단3366
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

On November 16, 2011, the Defendant issued a summary order of KRW 5 million on the grounds of a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon on November 16, 201, and a fine of KRW 8 million on August 26, 2015 by a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon.

On August 23:48, 2016, the Defendant driven Category B 140 car driving from the 300-meter section to the front road in the flusium of the Sungnam-si Seoul Metropolitan City, with alcohol content of 0.186% while under the influence of alcohol in blood without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (limited to such previous convictions);

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 suspension of execution (i.e., the violation and the absence of previous convictions exceeding the fine);

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

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