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(영문) 수원지방법원 안산지원 2015.06.16 2015고단794
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court on April 20, 2009. On March 10, 201, the same court was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving). On November 26, 201, the same court was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving).

Criminal facts

On March 19, 2015, at around 23:17, the Defendant driven a C body-man car with approximately 20 meters alcohol content 0.181% under the influence of alcohol without a driver’s license from around 5, 2015, to around 4-1, 268-o-ro, in front of the old pashin restaurant in front of the Mai-si Mai-si Mai-si.

As a result, the defendant was driving a motor vehicle without a driver's license and was in violation of the prohibition of driving under the influence of alcohol not less than twice, and was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Smoking measuring results; and disqualifications of the main office;

1. Previous records of judgment: Criminal records, inquiry reports and application of three-minutes of summary order 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions for sentencing under Article 51 of the Criminal Act are all taken into account, such as the following: (a) the person committed the instant crime even though his/her driver’s license was revoked due to the crime of drunk driving around October 2014; (b) the person who committed the instant crime; (c) the person who committed the instant crime was erroneous; (d) the person who did not have any criminal record exceeding the fine; (d) the distance of driving is short; and

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