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(영문) 수원지방법원 성남지원 2016.10.19 2016고단2001
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 17, 2010, the Defendant was issued a summary order of KRW 2 million with a fine for a violation of the Road Traffic Act at the Suwon District Court’s horizontal Housing Site Board, and on December 12, 2011, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act at the Suwon District Court’s horizontal Housing Site Board.

【Criminal Facts】

On May 18, 2016, at around 21:35, the Defendant driven an I-purd-pured vehicle with an I-purd-pured vehicle with a blood alcohol concentration of about 0.167% under the influence of alcohol without obtaining a driver's license from the home-purr parking lot located in 16 Doo-ro 925-gil, Sungnam-si, Sungnam-si, to the same 126-hur-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle under the direction of the motor vehicle and the state of the operation of the motor vehicle;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports (limited to the same criminal records and similar crimes) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation of crimes under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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