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(영문) 수원지방법원 안산지원 2017.03.07 2017고단330
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 27, 2009, the Defendant received a fine of KRW 1.5 million as a fine of KRW 1.5 million, and KRW 3 million as a fine of KRW 1.5 million as a crime of violating the Road Traffic Act, from the method sources of flood control on April 27, 2015, from the same crime.

On February 4, 2017, the Defendant driven B K5 vehicle without a driver’s license in the state of alcohol leveling about 0.124% of alcohol level from around 2.4km to the front road of the Gu Cho-dong of the Dong-dong in Ansan-si, Nowon-si, Seoul-si, Seoul-si, to around 10:36.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of records of measurement of drinking alcohol and results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) 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 to mitigate small amount;

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

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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