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(영문) 수원지방법원 성남지원 2016.07.07 2016고단301
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On June 11, 2014, the Defendant received a summary order of a fine of eight million won or more for a violation of road traffic law from the Suwon Flag Flag on the part of the Defendant, and a summary order of two million won or more for the same crime from the Seoul Central District Court on February 8, 2014, respectively.

[2] On January 23, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle at around 04:20 on January 23, 2016, operated a Fbenz motor vehicle under the influence of alcohol content of 0.069% in the blood, from the terotel located in the sub-dong of the Gyeonggi-nam-si, to the terop flustel located in the same Dong.

Accordingly, even though the Defendant violated the prohibition of driving at least twice under the influence of alcohol, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Traffic accident report, the circumstantial report of a driver driving, the notification of the results of regulating drinking driving, the circumstantial report on driving without a license, the traffic accident occurrence report, the ledger of driver's licenses, and each photograph;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for the crimes of violation of Road Traffic Act, between the crimes of violation of Road Traffic Act, and the crimes of violation of Road Traffic Act (non-licensed driving), and the crimes of electronic crimes);

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 suspended execution;

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

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