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(영문) 수원지방법원 안산지원 2015.02.06 2014고단2127

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 July 11, 2014, at around 02:08, the Defendant, without obtaining a driver’s license, driven a B-ro car from the early parking lot in Ansan-si to the roads near the same training center distance, where the blood alcohol concentration is 0.093% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a motor vehicle;

1. Notification of the result of the drinking driving control;

1. Application of Acts and subordinate statutes to the driving license ledger (A);

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 a sentence of alternative imprisonment (to consider that the defendant has a history of being punished several times due to drinking, driving without a license);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his depth, the fact that there is no penalty force exceeding the fine, and the fact that he does not cause any traffic accident);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;