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(영문) 수원지방법원 안산지원 2013.10.31 2013고단1955

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

On May 25, 2011, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on May 25, 201, and a fine of 6 million won for a violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on June 8, 2012. < Amended by Act No. 11873, Jun. 8, 2012>

On July 30, 2013, at around 22:07, the Defendant driven a B car with a blood alcohol concentration of about 0.081% without a car driver’s license in the section of approximately 3 km from the front of the death rate of Silung-dong in Silung-si to the road of Silung-si 467.

On September 8, 2013, the Defendant, around 11:17, 2013, driven a B car without a driver’s license from approximately 400 meters section from the front day of the “Sami-si” road located in Gumi-si to the front day of the “Bigma-dong” road located in Gumi-si, Gumi-si.

Summary of Evidence

1. Statement of each of the accused in court;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, inspection of driver’s licenses, and the register of driver’s licenses;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc., report on the failure to impose dispositions, results of confirmation, and copies of summary order;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although Article 62(1) of the Criminal Act provides that the defendant has been living together with that of the defendant, and there are circumstances unfavorable to the defendant, such as the nature of the crime and the significant criminal situation, considering the contents of each of the crimes in this case, there are no criminal records of the suspension of execution of execution of execution of the defendant, and there are no criminal records of the defendant, and the defendant has been living together in depth, and the social ties between the defendant and his family members is clear, and the detention of the defendant entails excessive difficulty for his family members, and the motive and circumstances of each of the crimes in this