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(영문) 수원지방법원 안산지원 2013.06.11 2013고단997
도로교통법위반(음주운전)등
Text

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

[criminal power] On January 12, 201, the Defendant was issued a summary order of KRW 4 million for the same crime by committing a violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on January 12, 201, and a fine of KRW 4 million by the same court on December 27, 2012.

【Criminal Facts】

On April 18, 2013, around 04:51, the Defendant driven BK 3 car under the influence of alcohol content of 0.142% without obtaining a driver’s license, from the street on the top of the sloping road located in Ansan-si, Ansan-si to the street in front of 293 of the same movement.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of driving with a driving without a license, inquiry into the results of the control of driving with a driving without a license, inquiry into driving licenses, and investigation report;

1. Application of statutes to inquiries about criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the significant criminal administration, in light of the contents of each of the crimes in this case, there is a previous crime, but there is no criminal conviction or heavier punishment for the defendant. However, the defendant does not have any criminal conviction or heavier punishment for the defendant, and the social ties of the defendant is clearly divided in depth, the detention of the defendant entails excessive difficulty for his family members, and other circumstances, such as the motive and circumstances of each

1. It shall be decided as ordered for the reason of an order to attend a lecture and an order to provide community service under Article 62-2 of the Criminal Act;

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