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(영문) 수원지방법원 안산지원 2015.12.10 2015고단2966
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 4, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Branch on September 4, 2013, and a fine of KRW 3 million for the same crime on February 16, 2015, and violated Article 44 (1) of the Road Traffic Act at least twice.

At around 00:00 on September 26, 2015, the Defendant, without a car driver’s license, driven a B EFstststy or other car at a section of about 500 meters from the 00-meter radius to the front road of the camping park located in the sports park located in the same 2157, while under the influence of alcohol level of 0.143%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute stated in a report on detection of a host driver, a circumstantial statement of a host driver, a ledger of driver's licenses, a foreign crime and investigation records report, and an investigation report (verification of the same class of records);

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 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. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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