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(영문) 수원지방법원 2016.11.30 2016고단5351
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Suwon District Court on March 9, 2012, has a record of being sentenced to a fine of one million won for the crime of violation of the Road Traffic Act, and on October 17, 2014, a fine of five million won for the same crime is issued to the Suwon District Court on September 9, 2014.

On September 3, 2016, at around 14:44, the Defendant driven a two-wheeled vehicle with a blood alcohol concentration of 0.152%, without a vehicle driver’s license, at the 2km section of approximately 2km from the roads in which the Dorri-si is in Dorri-si, Dorri-si, Dorri-si to 10:0,000.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the status of a driver, a report on the status of the driver, and a written report on the qualification of the driver (24 pages of investigation records);

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports on criminal records, investigation reports (a copy of summary order attached) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du148, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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