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(영문) 수원지방법원 안산지원 2016.12.07 2016고단4274
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

Criminal facts

On July 23, 2010, the Defendant has been punished for a violation of the Road Traffic Act (driving) and for a fine of 2.5 million won at the Incheon District Court on July 23, 2010, and for a fine of 4 million won at the Ansan District Court on October 20, 2015.

On November 5, 2016, around 08:29, the Defendant driven a B-low-income vehicle without a driver’s license in a state of alcohol alcohol concentration of about 0.116% from the 4km section of approximately 4km to the roads in front of the same Gu Won-dong Training Institute distance from the Do in front of the 937 Hanwon-gu, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Records of the measurement of drinking alcohol, etc. and circumstantial reports on drinking drivers;

1. Registers of driver's licenses;

1. The application of each Act and subordinate statutes on criminal records, inquiry reports, and investigation reports;

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 Competition;

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 on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant has been led to confession and reflected by the defendant, and that the defendant has no ability to

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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