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(영문) 수원지방법원 안산지원 2016.12.21 2016고단4289
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 March 19, 2013, the Defendant issued a fine of two million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court, and on November 13, 2013, a fine of four million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on September 21, 2016, and on September 29, 2016, the above judgment became final and conclusive on September 29, 2016.

On February 11, 2016, at around 23:26, the Defendant, without a car driver’s license, operated a BV-si car from around 0.062% of the blood alcohol concentration on the roads in front of the Singu-dong Singue Hospital, Singu-ro 313, Singu-ro, 313, a 50 meters away from the 50-meter section to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Drinking free trade;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal results;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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, background of the crime in this case, circumstances after the crime, etc. are contrary to the reason of sentencing in Article 62-2 of the Social Service Order Criminal Act, and criminal records and several times of concurrent crimes;

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