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(영문) 수원지방법원 안양지원 2018.11.15 2018고단1434
도로교통법위반(음주운전)등
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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 November 12, 2014, the Defendant received a summary order of KRW 6 million from the Seoul Central District Court to a fine of KRW 1 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes. On February 19, 2016, the Defendant received a summary order of KRW 1,00,000 as a fine of KRW 1,50,000 for a violation of the Road Traffic Act (unlicensed Driving) in the support of Suwon Flag Flag, and received a summary order from the same support on October 13, 2017.

Criminal facts

On June 20, 2018, the Defendant driven B QM3 car under the influence of alcohol concentration of 0.163% while under the influence of alcohol without obtaining a driver's license, from the temporary parking lot of the PP located in the PPdong-gu Seoul Metropolitan City, Sungnam-si to the front road of the PPPS Park in the PPdong-gu, Sungnam-si. The Defendant driven BM3 car without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes on license ledger;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the reflective fact, and the fact that there is no record of punishment exceeding the fine for the same kind of crime);

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

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