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(영문) 수원지방법원 안양지원 2018.05.03 2017고단1525
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] The Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the support for the development of the Sugwon method in July 5, 2017, and KRW 1.5 million as a fine for the same crime in the support for the development of the Sugwon method, and on June 24, 2014, respectively.

[Criminal facts] On August 12, 2017, the Defendant driven B racing car under the influence of alcohol level of about 0.119% without a driver’s license on a section of about 3km from the Hanyang-dong, Goyang-dong, Goyang-dong to the front road of the Dong Ggdong community service center at around 01:49 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. License register;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (referring to reporting on the same kind of past record);

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 (see, e.g., Supreme Court Decision 62 (1)

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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