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(영문) 수원지방법원 안산지원 2016.12.22 2016고단18
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 18, 2015, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at an Ansan District Court's Ansan Branch on July 28, 2015, a fine of KRW 4 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed Driving) at an Ansan District Court's Ansan Branch on July 28, 2015, respectively, and violated Article 44 (1) of the Road Traffic Act at least twice.

On November 8, 2015, at around 00:09, the Defendant driven a bknick under the influence of alcohol concentration of about 0.096% without obtaining a driver's license from the front side of the Yandong-dong in Ansan-si to the front side of the 468 Esporo-ro 468 Esponding road.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes stated in Part II of the report on the occurrence of traffic accidents, notification of the results of the control of drinking and driving, circumstantial reports on drinking drivers, the ledger of driver's licenses, criminal history records, etc., and summary order;

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. In full view of all the circumstances, a sentence shall be imposed on the defendant and a sentence shall be imposed for the same period of punishment as the order, taking into account the following: (a) repeated driving of alcohol in a short period of time due to sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) traffic accidents have occurred due to the driving of alcohol by the defendant; and (c) contact with the defendant after being investigated by

It is so decided as per Disposition for the above reasons.

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