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(영문) 수원지방법원 안산지원 2015.06.24 2015고단51

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch's Support on January 13, 2009, and a fine of 5 million won for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch's Support on August 23, 2013.

On November 21, 2014, at least 02:30, the Defendant, who violated the Road Traffic Act on two or more occasions, driven a Bone Star Sheet under the influence of alcohol concentration of about 0.213% without a driver’s license, from a section of about 1km to the front road of the terminal company located in the Embane-dong in Ansan-si, Ansan-si, Ansan-si at around 02:45 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, character and conduct, environment, circumstances leading to the instant crime, etc.;