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(영문) 수원지방법원 안산지원 2018.11.22 2018고단3225
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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 September 5, 2018, the Defendant operated B rocketing car under the influence of alcohol concentration of about 0.113% in the 1km section from the front road of the building in Ansan-si to the third apartment road in front of the same 2-lane 73, the Ham-gu, Ansan-si, Seoul, to the 3-ro 201, and the third apartment complex without the driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol and records of drinking measurement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (2) 2, 44 (1) (a point of drinking), 152 subparagraph 1, and 43 of the Road Traffic Act concerning the facts constituting an offense, as well as Articles 148-2 (1) 1, 152 (a point of driving without a license) and 43 of the same Act;

1. Punishment imposed on a person who violates the provisions of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who is more severe in punishment);

1. Selection of imprisonment with prison labor chosen;

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Article 62-2 of the Criminal Act, the defendant was sentenced to a fine due to driving of drinking, and the license was revoked, again driving of drinking in a situation where the license was revoked, and the quality of such crime is not good.

However, the defendant has no history of punishment for imprisonment or heavier, and the defendant appears to have an attitude to reflect wrongs in the court, the defendant seems to have been working to treat alcohol addiction, and other factors of sentencing, such as the defendant's age and occupation, shall be determined as ordered by considering various factors of sentencing, such as the defendant's age and occupation.

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