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(영문) 수원지방법원 안산지원 2016.10.18 2016고단3474
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

1. On July 18, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court on July 18, 2008, in the Incheon District Court on December 4, 2008, a fine of KRW 2,00,000,000 as a fine for the same crime, and on February 10, 2014, with a fine of KRW 5,00,00 as a fine for the same crime, respectively.

around July 9, 2016, the Defendant driven B WW125 Bab while under the influence of alcohol content of about 0.148% from a section of approximately 150 meters to the art plaza of the same Gu from the 22-way Hansan-si, Ansan-si to the art plaza of the same Gu to the first road.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a motorcycle driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and report on the status of operating without a license;

1. Previous records: Application of criminal records, etc. and other 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 an offense (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of a permissible driver's license for soil and sand driving);

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 grounds for sentencing under Article 62-2 of the Criminal Act include that the defendant does not repeat the same kind of crime in the future; that the defendant does not have been sentenced to imprisonment or more until now; and that other circumstances such as the defendant's occupation, career, family relation, etc. are equally determined as ordered by the court.

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