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(영문) 수원지방법원 안산지원 2016.12.06 2016고단4161
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 14, 2013, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Suwon District Court's Ansan Branch on January 14, 2013 and KRW 2 million with a fine of KRW 7, 200,000 for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on October 7, 2013.

On October 25, 2016, at around 21:25, the Defendant, without a car driver’s license, driven a Grand Car at approximately 150 meters away from the tin water area located in Ansan-si to the front day of the 60-luminous luxa-ro of light-ray, under the influence of alcohol content of 0.082%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of the crackdown on drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of summary orders related to the same kind of case);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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 provide community service or attend lectures under Article 62-2 of the Criminal Act;

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