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(영문) 수원지방법원 안산지원 2015.06.10 2015고단624
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on July 23, 2008, and a fine of five million won for the same crime in the same court on January 3, 2012.

On 19. 23:12 on 19. 19. 203. 23:12, the Defendant, without obtaining a driver’s license, driven a car at 1 km B from the front way of a cafeteria located in the Annsan-si, Annsan-si motor vehicle maintenance complex to the front day of the same trokele in the same location, while under the influence of alcohol concentration of 0.076%.

As a result, the Defendant, while driving a motor vehicle without a driver's license, has violated the prohibition of drinking at least twice, and once again driven a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, etc. and other inquiry inquiry reports, and Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act, and Articles 152 (1) and 43 of the Road Traffic Act, which apply to the application of Acts and subordinate statutes;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, character and conduct, environment, the crime of this case, circumstances after the crime, etc.; and

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