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(영문) 수원지방법원 안산지원 2016.08.09 2016고단1845
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] The Defendant issued a summary order of KRW 4 million on May 20, 2015 to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking on drinking), and to a fine of KRW 4 million for a crime of violation of the Road Traffic Act (drinking on September 30, 2015) in the support of the Sugwon Ggwon Ggwon Ggwon on May 2015.

[Criminal facts] On June 1, 2016, the Defendant driven B QM3 automobiles under the influence of alcohol content of 0.136% while under the influence of alcohol without a vehicle driver’s license at a section of approximately 200 meters from the front of the 200-4nd road in the Sinsi-dong, Sinsi-dong, Sinsi-si, Singu, Sinsi-si to the front of the 1785-4nd road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle and the driver’s license register;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that even though there is a criminal conviction for the defendant, the defendant does not repeat the same kind of crime in the future, such as selling the above vehicle

It takes into account all the circumstances, such as the fact that the defendant has not been sentenced to imprisonment or more until now;

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