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(영문) 수원지방법원 여주지원 2017.02.22 2016고단1295
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 25, 2014, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (drinking driving) with respect to the leisure support by the Friwon method, and on August 23, 2016, the Defendant was issued a summary order of KRW 1 million as a fine for the same crime in the same court.

On October 17, 2016, the Defendant driven a B benz car at the 1km section of around 1k-ro 96 in the front of the Chang-dong, Chang-dong, from the alley of a jun city to the front of the road in front of the jun city, without obtaining a driver’s license, while under the influence of alcohol content of 0.062% during blood transfusion at around 23:41.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Computer inquiry about driver's licenses;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on a previous conviction before disposition, and application of summary order-related Acts and subordinate statutes;

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 (The confession, reflectiveness, previous offense relationship, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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