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(영문) 수원지방법원 안산지원 2016.07.15 2016고단2110
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 3, 2014, the Defendant has been punished for a fine of KRW 6 million due to a violation of road traffic law (drinking) at the source of a water source method, and on December 2, 2013 at the Incheon District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court'

On June 17, 2016, under the influence of alcohol content of 0.061% in blood without a vehicle driver's license, the Defendant driven B-type cargo vehicles from approximately 2 km to the front road to about 14.0 meters in the same Si/Gun as from the Do in the Silung-si, Silung-si, Silung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of drinking testing and the results of crackdown on drinking driving;

1. Investigation report (the ledger of driver's licenses of suspect A);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration, such as the fact that the defendant has been punished for driving under drinking, but his/her confession and reflects by the defendant, and that

1. It is so decided as per Disposition for the reasons under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and Article 59 or more of the Act on the Observation, etc. of Protection;

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