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(영문) 수원지방법원 안산지원 2014.04.22 2014고단545
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 23, 2014, at around 00:11, the Defendant driven a B low-speed car with a blood alcohol content of at least 0.145% while under the influence of alcohol without obtaining a driver’s license at approximately 11 km section from the street in front of the Sejong-si, Singu, Ansan-si to the road front of the Ansan-si, Ansan-si bus terminal.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to inquiry into the results of the drinking driving control and driver's license inquiry;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that choose the penalty, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (the punishment imposed for a violation of the Road Traffic Act which exceeds the penalty);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing and order to attend the course of probation is very poor in that the Defendant, in addition to the past who was sentenced to a suspended sentence due to driving without a license on the grounds of driving without a license, even though he had a number of times of punishment due to driving without a license, even though he/she had been sentenced to a suspended sentence on the grounds of his/her driving without a license, such crime is very poor in that he/she drives without a license: Provided, That the Defendant is against the obligation of the Defendant, and the Defendant does not engage in driving without a license, driving without a license, driving without a license, health

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