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(영문) 수원지방법원 안산지원 2015.11.12 2015고단2855
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 August 1, 2006, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on August 1, 2006. On April 23, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on April 23, 2012. On July 13, 2015, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on July 13, 2015.

On September 19, 2015, at around 00:10, the Defendant driven B Mt Motor Vehicle under the influence of alcohol concentration of 0.169% without a driver’s license from the front side of the Olympic Memorial Hall located in Ansan-si, Seoul-si to the front side of the same 534-3rd road.

Summary of Evidence

1. Defendant's legal statement;

1. 주취운전정황보고, 무�운전정황보고, 주취운전정황 진술보고서, 면허대장조회, 범죄경력등조회회보서의 각 기재 법령의 적용

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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