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(영문) 수원지방법원 안양지원 2016.09.06 2016고단881
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 May 12, 2016, around 19:07, the Defendant driven a motor bicycle with approximately 100 meters alcohol concentration of approximately 0.213% in the section of approximately 100 meters from the front of the source base base base base 322 Donyang-ro, Mayang-ro, Mayang-ro, Mayang-ro, Mayang-ro, Mayang-ro, to the CGV, 311.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The register of driver's licenses (Ma1), application of photographs, and statutes;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Order to Provide community service and attend lectures - The defendant recognized his/her mistake and reflects his/her behavior, and the defendant has no record of criminal punishment for a suspended sentence or more since 1993 - Unfavorable circumstances: The defendant has a record of having been punished for a fine for a non-licensed driving in 2009, 2010, 2013, 2014, and 2015;

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