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(영문) 수원지방법원 안산지원 2017.04.26 2017고단192
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 12, 2016, the Defendant, without obtaining a bicycle driver’s license, driven B 125CC in a section B from around one kilometer to the same city-centered commercial road from around 285 to around 285, under the influence of alcohol content of around 03:00 at around 03:215% of alcohol in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Materials notifying the results of regulating drinking driving;

1. Application of the Act to the defendant's driver's license data

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The defendant committed the instant crime under the condition that he/she had the same criminal records and two times, causing a traffic accident, drinking water high: The defendant is against himself/herself, the damage of the accident is minor, and there is no criminal record exceeding the fine;

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