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(영문) 수원지방법원 안산지원 2016.08.09 2016고단2220
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 May 13, 2016, at around 06:30, the Defendant, without a driver’s license, driven Bho-do car at a section of about 50 meters from the street above the 0.089% fluence in the blood while under the influence of alcohol, to the street above the 0.089% fluence in the city of Ansan-si and the upper street above the 82-1 (Hao-dong) of Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

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

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant is deemed to have repeatedly committed the instant crime even though he/she was sentenced to a fine of KRW 5 million due to a crime of violating the Road Traffic Act (refluence of alcohol measurement) around March 2013, and a fine of KRW 3 million due to a crime of violating the Road Traffic Act (refluence of alcohol measurement) around March 2016 on or around March 2016, although he/she was found to have repeatedly committed the instant crime, the Defendant would not engage in the same kind of crime.

The punishment as ordered shall be determined by taking into account the fact that the defendant has been sentenced to imprisonment or more until now, and that the defendant has not been sentenced to imprisonment or more.

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