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(영문) 수원지방법원 안산지원 2018.01.12 2017고단3127
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

Punishment of the crime

On February 6, 2012, the Defendant received a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) in the support for the delivery of a water source method, and on December 28, 2012, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) in the support for the delivery of a water source method, and on December 28, 2012.

On October 28, 2017, the Defendant driven a car with B, under the influence of alcohol level of about 0.124%, without obtaining a driver’s license from around 10 meters in a section of about 10 meters in front of the Han River located near the Han River basin in Ansan-si, the Han River basin in the same Gu, from around 00:18 to the Han River basin in the same Gu, and driving a car with B, while under the influence of alcohol level of about 0.124% in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. License ledger (A);

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same type of force);

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 (including the same type of electricity, alcohol concentration in the blood, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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