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(영문) 수원지방법원 성남지원 2017.07.26 2017고단1612
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 January 8, 2008, the Defendant issued a summary order of KRW 3 million in the Seoul Central District Court for a violation of the Road Traffic Act (driving). On December 23, 2010, a summary order of KRW 5 million in the same court due to the same crime, and a summary order of KRW 5 million in the same court on December 24, 2014, respectively.

[2] Despite the fact that the Defendant had been punished twice or more due to driving of alcohol, the Defendant driven a DWz E300 vehicle under the influence of alcohol at approximately 0.061% of alcohol content while under the influence of alcohol without obtaining a driver’s license from the front side of the post office located in Sungnam-si, Sungnam-si, Sungnam-si, 200 to the front side of the 155-2 Plus Hospital located in the same area from June 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver involved and a response to a request for appraisal;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a written inquiry about criminal history and the application of investigation reports (A), and Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative imprisonment with prison labor (the fact that drinking is committed four times after 2006);

1. Article 53 and Article 55-1-3 (1) 3 of the Criminal Act (Confession, reflectiveness, and drinking volume) of the mitigated amount;

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence but not more than a record of crime);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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