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(영문) 수원지방법원 안산지원 2015.12.10 2015고단2999

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 March 28, 2006, the Defendant issued a summary order of KRW 2 million with a fine of KRW 1 million for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong site, on October 22, 2008, the summary order of KRW 700,000 for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, on October 26, 2009, at the Incheon District Court’s Incheon Branch Branch of the Daejeon District Court, on October 26, 2009, the summary order of KRW 5,00,000 for a fine of KRW 1,00 for a violation of the Road Traffic Act, from the Suwon Branch of the Suwon District Court on June 29, 2012, and violated Article 44(1) of the Road Traffic Act at least twice.

On September 23:47, 2015, the Defendant driven a rash vehicle under the influence of alcohol with 0.161% alcohol level 0.161%, without obtaining a driver’s license, from the front of the Han River Station in the Han River Station in Ansan-si, Ansan-si to the front of the 2km-dong in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute of five copies of a summary order, such as a report on the situation of running a driving on the drinking house, a circumstantial report on a driving driver, a ledger of driver's licenses, criminal history 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 course is rendered for not less than Article 62-2 of the Criminal Act;