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(영문) 수원지방법원 안산지원 2016.01.20 2015고단3503
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) in the support for the development of a water source method, and on February 5, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) in the support for the development of a water source method.

On November 21, 2015, the Defendant driven a BF rocketing car under the influence of alcohol content of about 0.063% without a vehicle driver’s license from the front side of the former Vice-Dong-dong High School of Ansan-si to November 21, 2015, around 21:19, the Defendant, at approximately 1.5km from the 1.5km section to the front side of the foreign community service center of the members of Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Materials output of a drinking-free measuring instrument;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's age, sex, environment, background of the crime in this case, circumstances after the crime, etc. is committed, in violation of Article 62-2 of the Criminal Act, which reflects the reason for sentencing;

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