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(영문) 수원지방법원 안산지원 2018.07.25 2018고단1533
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 March 29, 201, the Defendant issued a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act (drinking driving) at the support of Suwon Friwon Friwon, and on April 14, 2017, with a fine of KRW 4 million for a violation of the Road Traffic Act (drinking driving) on at least two occasions, but he/she violated Article 44(1) of the Road Traffic Act on at least two occasions on April 25, 2018 without obtaining a driver's license of a motor vehicle on at least 22:30 on April 25, 2018, the Defendant driven a motor vehicle under the influence of alcohol at approximately 50 meters from the front side of the restaurant to the front day of the Dori-gu, Siri-gu, 313-ro, with the alcohol concentration of KRW 21% among the blood content from around 50 meters to the front day of the public water hak-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Investigation report (verification of the same records of the defendant), application of Acts and subordinate statutes governing criminal history;

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 reduce the amount of punishment (see, e.g., Supreme Court Decision 201Da1448, May 1, 201);

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

1. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act to provide community service and attend lectures;

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