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(영문) 수원지방법원 2016.12.08 2016고단6015
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2010, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Suwon District Court, and on December 3, 2014, the Defendant was issued a summary order of 1.5 million won by the same court.

On September 19, 2016, the Defendant, without a motorcycle driver's license on September 19, 2016, driven a 4km section B 108C obane from the 4km road in front of the day in front of the day in front of the day in front of the influent city in the city of 0.129% of the blood alcohol level to the day in front of the monthly communication in the same Ri, without a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. All the computerized output, such as the ledger of driver's licenses;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the defendant is against his/her gender, that he/she has been sentenced to a fine twice in the same previous department and that he/she has no previous record exceeding the fine);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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