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(영문) 수원지방법원 2017.01.25 2016고단7255
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 March 31, 2014, the Defendant issued a summary order of a fine of KRW 3 million in the same court as a crime of violating the Road Traffic Act (drinking) at the Suwon District Court’s Pyeongtaek District Court’s House on March 31, 2014 and KRW 3 million in the same court on May 1, 2015.

On October 18, 2016, the Defendant was a person who has been punished twice or more due to drinking, and driven B automobiles from approximately 5 km to the road in front of the same 5-9 km-dong, Suwon-si, under the influence of alcohol content 0.153% under the influence of alcohol without a driver’s license on October 18, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. License register;

1. Criminal records as stated: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a copy of the summary order of the relevant case) statute;

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. Article 53 and Article 55(1)3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55(1)3);

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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