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(영문) 수원지방법원 안산지원 2016.04.20 2016고단477
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2013, the Defendant issued a summary order of KRW 3 million with a fine of KRW 4.5 million with a fine of KRW 4.5 million with a charge of violating the Road Traffic Act at the Jung-gu District Court on May 21, 201, and a summary order of KRW 4.5 million with the same charge at the Jung-gu District Court on July 4, 2014.

On January 6, 2016, around 09:04, the Defendant driven B rocketing car with a alcohol level of 0.092% during blood without a vehicle driver’s license from the street in the king-dong in the Gyeonggi-si, Gyeonggi-si to the middle distance of 462 U.S., as the center of the members of the Masan-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Whether drinking testing records are kept;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation);

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. 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. The criminal records of the same kind, which reflects the reasons for sentencing under Article 62-2 of the Criminal Act, and the defendant's age, sex, environment, the background of the instant crime, circumstances after the instant crime, etc.

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