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(영문) 수원지방법원 안산지원 2018.12.06 2018고단3474
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

1. On July 1, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a BMF5 vehicle without obtaining a driver’s license in the section of about 5 km from the 19-lane to the 19-lane in the front of the Sinsan-si, Nowon-gu, a member of Ansan-si, from around 19:0 on July 21, 2017.

2. On July 2, 2018, the Defendant driven BM5 vehicle under the influence of alcohol content of 0.161% without obtaining a driver’s license in the section of about 2km from the front side of the front side of the front side of the members of Ansan-si, Nansan-si to the front side of the 138th line high school, on the street located in the front side of the Gu of Ansan-si, Nan-si to the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) concerning each of the relevant facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for the choice of punishment (in light of the fact that the Defendant committed each of the crimes of this case without being aware of the fact that he/she had been subject to each fine due to drinking driving and driving without a license in 2018, consideration shall be given to the fact that

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered favorable circumstances, such as the absence of any record of punishment exceeding reflectivity and fine);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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