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(영문) 수원지방법원 성남지원 2016.10.19 2016고단2003
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 28, 2012, the Defendant received a summary order of KRW 3 million from the Busan District Court to a fine of KRW 4 million, and a summary order of KRW 8 million from the Suwon District Court to a fine of KRW 4,000 due to the same crime on November 4, 2015.

【Criminal Facts】

On October 24, 2015, at around 23:11, the Defendant driven Bho-do car under the influence of alcohol concentration of about 0.072% without obtaining a driver's license in approximately 2km section from the front of the subway station in the 1147, according to the sanct of Seongbuk-gu, Sungnam-do to the 180 Welher road, according to the same Gu’s acid.

Summary of Evidence

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition on the grounds of probation, community service order and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service, etc. in order for a defendant to return to a sound member of society in view of the military records,

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