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(영문) 수원지방법원 안산지원 2016.02.16 2015고단4196
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 June 21, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) in the support of the Sugwon method and the summary order of KRW 5 million for the same crime in the same court on June 18, 2015.

Criminal facts

1. The Defendant, on December 9, 2015, driven a CNF car in the section of approximately 2 kilometers from the upper end of the attached section B to the second floor parking lot located in the front end of the Dong-dong of the Dong-gu in Ansan-si to the second floor parking lot located in the same Si-Gu members, without a vehicle driver’s license, around 20:0 on December 9, 2015.

2. On December 10, 2015, the Defendant was under the influence of around 00:30 on December 10, 2015, and 0.105% of alcohol content in blood without a driver’s license. The Defendant driven a CNF rocketing or a car in the section of about five meters from the home plug parking lot located on the 2nd floor inside the front line of the Ansan-si members to the road at the entrance of the said home plug.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Report on the circumstances of driving under the liquor:

1. Notification of a measurement record and the result of drinking control;

1. The driver's license ledger;

1. Photographs;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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. The reason for sentencing under Article 62-2 of the Criminal Act lies in the following facts: (a) even though the Defendant had been punished twice by a fine due to drinking driving in 2013 and 2015, he/she once again drives the instant drinking and driving without a license; (b) the Defendant led to his/her offense; (c) the Defendant led himself/herself to his/her offense; and (d) the distance from driving the instant drinking.

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