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(영문) 수원지방법원 안산지원 2018.01.31 2017고단3781
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2017, at around 03:53, the Defendant driven a BM3 car under the influence of alcohol level of 0.079% while under the influence of alcohol level of 0.079%, without obtaining a driver’s license, on a section of about 500 meters in front of the same road located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, Bupyeong-gu, to the same 45th roads of the same funeral route.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver at home and the situation of the driver at home;

1. Notification of the results of regulating drinking driving;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and subparagraph 3 of Article 148-2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend, even though the defendant had been sentenced to five times a fine due to the crime of driving without a license for drinking, the defendant is seriously against the crime of this case, or the defendant is not guilty of a fine, and the degree of alcohol concentration exceeds the fine is 0.079%, and the defendant's age, sex, environment, motive or circumstance of the crime, and the circumstances after the crime, etc. shall be determined as ordered by considering all of the sentencing conditions of this case.

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