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(영문) 수원지방법원 안산지원 2016.11.29 2016고단3858

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 October 4, 2016, at around 00:42, the Defendant driven a BpD car with a blood alcohol concentration of 0.051% under the influence of alcohol without obtaining a driver’s license from around 718 km, from the front of the wind apartment, to the front of the Sinking-si, Chungcheongnam-si, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to report the situation of driving without a license;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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. Taking into account all the circumstances, such as the reason for sentencing under Article 62(1) of the Criminal Act, even though the criminal defendant had a same criminal record, the criminal defendant's failure to repeat the same kind of crime in the future, and the criminal defendant has not been sentenced to imprisonment or more until now;