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(영문) 수원지방법원 2016.08.24 2016고단3302
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 is a person with the same kind of force, including a fine of KRW 2 million, and a fine of KRW 5 million, respectively, for the same crime in the support of the Sungnam-gu Friwon on November 28, 2008, in the case of violation of the Road Traffic Act (driving of Drinking), in the case of violation of the Road Traffic Act (driving of Drinking).

[Specific criminal facts] Around May 28, 2016, the Defendant, without a driver’s license, driven a 390 km car from around 3 km to the front road of the Suwon-si Do Police Agency located in Suwon-gu, Suwon-si, Suwon-si, which was under the influence of alcohol of 0.186% of alcohol during blood, while he was under the influence of two times or more as seen above, and operated a 390 km car from around 3 km to the front road of the Suwon-gu, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Criminal records as stated: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of a drinking driving case) statute;

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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