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(영문) 수원지방법원 안산지원 2016.05.18 2016고단1102
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above imprisonment shall be postponed for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant has been punished for a fine of KRW 4 million on August 28, 2015, for a violation of the Road Traffic Act (driving on drinking), and a fine of KRW 5 million on November 6, 2015 due to a violation of the Road Traffic Act (driving on drinking), etc.

On April 13, 2016, at around 10:14, the Defendant driven BK three vehicles at the 2km section of 2km from the front Do of the first official permanent residence in Ansan-si, a member of Ansan-si, whose alcohol content is 0.104% under the influence of alcohol without a driver's license, to the private distance of the grassland playground located in the same Gu grassland.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

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

1. The driver's license ledger;

1. (A) the application of an inquiry letter, such as criminal history, and the Act on Report of Investigation;

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) of the Criminal Act on the grounds that the defendant has been led to his/her previous convictions and twice, the defendant

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

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