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(영문) 수원지방법원 안산지원 2016.11.16 2016고단3794
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 September 29, 2016, at around 23:20, the Defendant driven BF car without obtaining a driver's license in the state of alcohol with a blood alcohol concentration of 0.229% from the 10m section from the 704-4 Ham-dong, Ansan-si to the 803rd road in Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant’s age, character and conduct, environment, the background of the instant crime, circumstances after the instant crime, etc., is in conflict with the reason of sentencing under Article 62-2 of the Criminal Act;

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