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(영문) 수원지방법원 안산지원 2016.09.01 2016고단2055
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 April 5, 2016, at around 21:22, the Defendant driven B-III cargo vehicles with blood alcohol concentration of at least 0.076% without obtaining a driver's license from the section of about 500 meters from the front of Wedon located in Geumcheon-gu Seoul Metropolitan Government to the front road of the iron industry located in the iron industry-dong in Geumcheon-gu, Geumcheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to report the situation of driving without a license;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation has been that the defendant would not repeat the same kind of crime in the future, although there are many criminal convictions for the defendant, the defendant has been punished for a violation of the Road Traffic Act on or around 2015, and considering all the circumstances, including the fact that the defendant has not been sentenced to imprisonment or more until now, in addition to punishment for a violation of the Road Traffic Act on or around 2015.

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