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(영문) 수원지방법원 안산지원 2015.11.19 2015고단2872
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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2014, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 1.5 million as the same crime in the same court on April 6, 2015.

On September 15, 2015, at around 01:47, the Defendant driven B K3 cars while under the influence of alcohol content of about 0.056% without a car driver’s license at the 2km section from the Do in front of the sports park located in the same 2155 from the Do in Sinsi-si 2317-5.

Summary of Evidence

1. Defendant's legal statement;

1. Data on the measurement of drinking alcohol and that on driver's license;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order 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 imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15489, Apr. 1, 2009);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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