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수원지방법원 안산지원 2014.08.14 2014고단1339

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.


Punishment of the crime

On November 27, 2008, the defendant was sentenced to a fine of 1.5 million won in the Incheon District Court due to a violation of the Road Traffic Act (unlicensed Driving). In addition, the same criminal records are more than twice.

On May 9, 2014, at around 18:50, the Defendant driven a two-hand motor vehicle under the influence of alcohol content of at least 0.179% without a driver’s license, from around the two-way road located in the Pyeong Sea Office located in the Pyeong-si Rool-dong, Yang Pyeong-si to the two-way streets located in the Blue-si Rool-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accidents, report on the circumstances of the driver with the driver with the driver with the driver’s license, and data concerning the driver’s license;

1. Application of statutes concerning criminal 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no criminal history other than a fine for the accused);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;