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(영문) 수원지방법원 안산지원 2016.12.09 2016고단4133
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2007, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 5 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site as well as a fine of KRW 5 million with a fine of KRW 2 million for the same crime at the Ansan District Court’s Ansan Branch on July 24, 2016.

On October 10, 2016, at around 09:51, the Defendant, without a car driver’s license, driven the above vehicle from approximately 7 km to B 7 km away from the 342km road in the front of the Dong-gu, Ansan-si, Ansan-si, whose blood alcohol content is 0.053% of the alcohol level without a car driver’s license, to the Sin City interest.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant’s age, character and conduct, environment, the background of the instant crime, circumstances after the instant crime, etc., is in conflict with the reason of sentencing under Article 62-2 of the Criminal Act;

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