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(영문) 수원지방법원 2016.03.04 2015고단6119
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 February 2, 2007, the Defendant was issued a summary order of KRW 1.5 million on the grounds of a violation of road traffic law at the Suwon Flag Flag method, etc., which was a fine of KRW 2 million on January 16, 2014, and a fine of KRW 2 million on January 28, 2015, which was issued by the Suwon Flag method Board due to a violation of road traffic law.

[2] On December 2, 2015, the Defendant, without a driver’s license on December 2, 2015, driven a B rocketing car from approximately 800 meters away from the front of a mutually influent restaurant in the emulative Dong to the cU convenience point prior to the cU convenience point, while under the influence of alcohol by 0.062% of the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;

1. The driver's license ledger;

1. Criminal records as stated: Application of inquiry letter, such as criminal history, and investigation report (verification of the same criminal records as the suspect) 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. Article 53 and Article 55(1)3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55(1)3);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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

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