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(영문) 수원지방법원 안산지원 2016.08.25 2016고단1527
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving), and a fine of two million won for a crime of violating the Road Traffic Act (drinking driving), etc. at the Cheongju District Court on June 3, 2010, and on May 18, 2016, the Defendant was sentenced to imprisonment for eight months for a violation of the Road Traffic Act (drinking driving) and on May 26, 2016, the said judgment became final and conclusive on May 26, 2016.

On April 19, 2016, the Defendant driven a motor vehicle in the Espact area with approximately 100 meters alcohol concentration of about 0.081% while under the influence of alcohol without a motor vehicle driver’s license, from the front of the “YYA” road located in the Silung-dong, Silung-si, Silung-si, Silung-si, to the front of the “sports park” located in 50 meters preceding the same city’s station.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and entry in the register of driver's licenses of the vehicle, respectively;

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions in disposition, copy of the judgment, and application of each statute stated in the results of inquiry into consolidated cases

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act of the Order to attend lectures and the community service order;

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