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(영문) 수원지방법원 안산지원 2016.11.24 2016고단3754
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 March 10, 2010, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and on May 12, 2015, a summary order of KRW 4 million with a fine of KRW 3 million with a fine of KRW 1 million with a mountain support from the Suwon District Court.

Although the Defendant had a record of driving a vehicle under the influence of alcohol more than twice as stated in the above criminal records, the Defendant driven a vehicle under the influence of alcohol of 0.110% at a distance of about 5-6 meters from the 0.110% alcohol level on the road facing a vehicle parked on the front side of the Gangseo-gu, Ansan-si, Ansan-si, after obtaining a driver’s license on September 15, 2016, by obtaining a telephone to cut the vehicle parked at around 02:25 on the same day without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute stated in reports on the actual state of driving at home, reports on the actual state of driving at home, reports on the statement of the driver's license, records of driver's license, criminal history records, and investigation reports (Attachment to crimes of the same kind);

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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