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(영문) 수원지방법원 안산지원 2015.05.20 2015고단190
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on July 31, 2008, and was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on March 10, 2014.

On October 26, 2014, the Defendant, without obtaining a driver's license on October 26, 2014, driven B Mt Motor Vehicle at approximately 1 km from the 39-6 front to the road adjacent to the same city-dong distance, under the influence of alcohol by 0.184% of the blood alcohol concentration of the Defendant.

As a result, the Defendant, while driving a motor vehicle without a driver's license, has violated the prohibition of drinking at least twice, and once again driven a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on drinking drivers and the place of drinking alcohol measurement (A);

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, character and conduct, environment, the crime of this case, circumstances after the crime, etc. are against the law: The defendant's age, character and conduct, circumstances, etc. are against the law of justice;

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