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(영문) 수원지방법원 성남지원 2016.03.31 2015고단2650
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

[criminal history] On June 17, 2008, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving), and a fine of KRW 4 million for the same crime in the same court on November 29, 201, and on October 14, 2014, a fine of KRW 7 million for the same crime, etc. in the Sungnam branch of the Suwon District Court.

[2] On September 17, 2015, the Defendant was under the influence of alcohol content of 0.142% in blood without a vehicle driver’s license on September 17, 2015, and the Defendant driving a vehicle with two highest km in the name of the Defendant from the flive road in the opposite flick-dong, Sungnam-gu, Sungnam-gu, to the vicinity of the water level vibration in Sungnam-si, Jungnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reports (Binding of summary orders);

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 stay of execution (including cases where his/her mistake is divided, there is no previous conviction or more for the stay of execution, and the fact that social benefits, such as family, occupation, are obvious);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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