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(영문) 수원지방법원 2016.09.28 2016고단4508
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 August 3, 2012, the Defendant issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) in support for the development of a water source method, and KRW 4 million as a fine for a violation of the Road Traffic Act (driving of Drinking) in support for the development of a water source method, on August 28, 2015.

On July 23, 2016, the Defendant driven a B-learning car under the influence of alcohol content of about 0.071% in blood without obtaining a driver's license from the road located in Young-gu, Young-gu, Young-gu, Suwon-si to the 74-ro, Young-gu, Suwon-si, Suwon-si from around 300 meters in a 300-meter radius from the road located in Young-gu, Suwon-si, Suwon-si, Suwon-si, to the blind road in front of the shooting distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. To notify a mark of measurement records of drinking alcohol and the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Records of judgment: Application of inquiry letter, investigation report-related 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. Articles 53 and 55(1)3 of the Criminal Act to mitigate amount of punishment (including the fact that the commission of a crime is recognized and reflected, and the fact that the fine has not been exceeded, etc.);

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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