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(영문) 수원지방법원 안산지원 2015.09.24 2015고단2060
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million from the Suwon District Court to a fine of KRW 2 million on April 21, 2014.

On July 17, 2015, at around 23:04, the Defendant driven a B-to-purd vehicle under the influence of alcohol content of 0.05% without obtaining a driver’s license from around 3km section of approximately 50km to the front road of the sports park located in the 50-ro railway station in Ansan-si, Ansan-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A drinking output paper;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to foreign crimes and investigation history data inquiry and investigation reports (Attachment to summary orders);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., confession, reflective fact, low blood alcohol concentration, and that it will not repeat a crime) of the suspended sentence;

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