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(영문) 수원지방법원 안산지원 2015.05.28 2015고단996

도로교통법위반(음주운전)등

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

On May 24, 2012, the Defendant issued a summary order of a fine of KRW 4 million on the grounds of a violation of the Road Traffic Act (driving) with respect to a violation of the Road Traffic Act, and a summary order of KRW 5 million on February 25, 2014 with respect to an Ansan District Court's Ansan Branch as the same crime.

On February 10, 2015, at around 01:49, the Defendant driven a bppon vehicle under the influence of alcohol by at least 0.159% without a driver’s license in a section of about 700 meters, from the front of the career horse in the Sconadong, the Defendant driven the Bpon vehicle without a driver’s license, from the front of the career horse in the Sconadong at Scon City to the front of the 1724-5 Madon

Summary of Evidence

1. Defendant's legal statement;

1. Each entry in the report on the situation of running a driving without a license, the report on the situation of operating a driving without a license, the report on the circumstantial statement of a driving without a license, the report on detection of a driving driver, and the register of

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes described in criminal records, reply reports, investigation reports, and criminal records, etc.;

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. An order to attend a lecture or an order to attend a community service, taking into account the fact that the defendant has the same criminal records at several times and the risk of recidivism, etc., and the defendant shows an attitude against the crime of this case, and the execution of imprisonment is suspended in consideration of the fact that the defendant has no record other than the fine.

It is so decided as per Disposition for the above reasons.