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(영문) 수원지방법원 성남지원 2019.01.31 2018고단2729

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

[criminal power] On December 12, 2014, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on December 12, 2014, and a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court on March 28, 2016, respectively.

【Criminal Facts】

Despite the fact that the Defendant had been punished twice or more for a violation of the Road Traffic Act as above, the Defendant driven a F K5 vehicle under the influence of alcohol concentration of 0.065% without obtaining a driver’s license over about 2km from the roads near Gwangju City, around 15 October 15, 2018 to the roads near the same city, E.S. located in D in the same city, the Defendant driven a vehicle under the influence of alcohol concentration of 0.065%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (the same previous records and confirmation of a suspect) and other 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 1 of Article 152 of the Road Traffic Act and Articles 152 and 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;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act requires strict punishment as a crime that may infringe not only the driver but also the lives and bodies of citizens who use roads.

However, the sentencing factors in the records and arguments of this case, such as the fact that the defendant is against the defendant, the fact that there is no previous conviction exceeding the fine, and the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., shall be determined as per the order after comprehensive consideration.