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(영문) 수원지방법원 성남지원 2016.04.18 2016고단34
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 November 27, 2006, the Defendant was sentenced to a fine of KRW 3.5 million in the Seoul Central District Court due to a violation of road traffic laws (driving), and a fine of KRW 4 million in the same court on February 16, 2015.

[2] On October 1, 2015, the Defendant driven a B-to-purd vehicle with approximately KRW 300 meters alcohol concentration of 0.180% in blood without a vehicle driver’s license while under the influence of alcohol of about 0.180% in the direction of 0.180% in the middle of blood, from around GS25 convenience points 7, west-ro 47, west-ro, west-si, west-si, west-si, west-si, west-si, west-ro 7, west-ro, west-ro 47.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of each driver involved and a response to a request for appraisal;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 stay of execution (including cases where his/her mistake is divided, he/she has not been convicted of imprisonment or any heavier punishment, and his/her family, occupation, etc. is obvious);

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

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