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(영문) 수원지방법원 안산지원 2014.10.14 2014고단1571

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2014, at around 08:00, the Defendant driven a B-III cargo vehicle with a blood alcohol concentration of at least 0.216% under the influence of alcohol without obtaining a driver’s license from around 7 km section from the vicinity of the Yongdong-gu, Ansan-si, Ansan-si to the front of about 338 degrees from the same Gu seat.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, etc. Act, along with the fact that the defendant was issued a summary order of KRW 3 million due to drinking driving around February 2013 and the driver’s license was revoked, the defendant committed the instant crime, including the fact that the defendant was punished for violating the Road Traffic Act three times, that the defendant reflects the defendant’s mistake, that the defendant did not have any penal power other than the fine, that the defendant did not have any criminal power other than the fine, and that the defendant’s family condition, etc. as stated in the instant pleadings, shall be