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(영문) 수원지방법원 안산지원 2016.11.17 2016고단3376
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on July 7, 2008, and on December 16, 2015, the Defendant was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving) in the same court.

On July 9, 2016, at around 06:49, the Defendant driven a BNF rocketing car with approximately 50 meters alcohol concentration 0.195% under the influence of alcohol without a vehicle driver’s license from the 50-meter section from the sGV’s singinging around the instant singinging line to the 90-round cGV’s 90m.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving without a license, report on the state of state of driving without a license, report on the state of state of driving without a driving, report on the control of drinking driving

1. Detection photographs and CCTV closure photographs;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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 alternative imprisonment with prison labor (unfavorable circumstances, such as the fact that the blood alcohol level at the time of the instant crime has reached 0.195% and that the Defendant has been punished for the same kind of crime several times, etc.);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into consideration favorable circumstances, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake, and that the defendant has no criminal records exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous reason for discretionary mitigation);

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

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