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(영문) 수원지방법원 안산지원 2016.08.23 2016고단1668
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 1.5 million by the same court on January 25, 2016, respectively.

On March 29, 2016, around 01:35, the Defendant driven a two-wheeled automobile with rated power of 0.153%, which is a two-wheeled automobile with rated power of 1 kilowatt in the state of being drunk at about 0.153% under the influence of alcohol in the direction of 0.153% in front of the commercial district located in the downstream-dong located in the estuary-dong at the time of light and from the street to the front of the Dong-dong apartment located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of inquiries about criminal history and a copy of each summary order to the Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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