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(영문) 수원지방법원 2017.01.19 2016고단6449
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 January 28, 2008, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the support of the Mangwon of the Sugwon, and on January 13, 2009, issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving), and on January 9, 2013, the Defendant received a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court's Branch Support.

On October 21, 2016, the Defendant driven B maz car in the state of alcohol alcohol concentration of about 0.135% while under the influence of alcohol without a driver’s license from a section of about 300 meters from the front of the junc restaurant located in the lower side of the junc Eup/Myeon in the direction of the city of the Republic of Korea to the junc road located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant is against his/her gender,

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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