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(영문) 수원지방법원 안산지원 2016.09.01 2016고단2723

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 8, 2007, the Defendant issued a summary order of KRW 2 million from the Suwon District Court's Ansan Branch as a crime of violation of the Road Traffic Act, and KRW 2 million from the Suwon District Court's Ansan Branch on August 13, 2010 to the same crime.

Criminal facts

On June 15, 2016, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.081% without a car driver’s license, and was driving B Poter in the section of about 4 km from the front of a mutually influent window restaurant located in Ansan-si, Ansan-si to the front road of the same 19-dong-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the situation of operation without a license;

1. Previous records: Application of criminal records, etc. 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. Taking into account all the circumstances, including the fact that the defendant has been sentenced to imprisonment or a heavier punishment, although there are many criminal convictions for the defendant, the defendant does not repeat the same kind of crime in the future, and the defendant does not have been sentenced to imprisonment or a heavier punishment until now;