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(영문) 수원지방법원 안산지원 2016.05.27 2016고단1395
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 October 28, 2008, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) in the Goyang Branch of the District Court of Jung-gu on October 28, 2008, and a fine of KRW 5 million as a same crime at the Seoul Southern District Court of Seoul on April 4, 2013.

On April 22, 2016, at around 08:50, the Defendant, without a driver’s license, driven a Bcoon car with approximately 0.185% alcohol content in the section of approximately 500 meters, from the 736 Samcheon-dong, Sincheon-dong, Sincheon-si, 736 Samcheon-si, to the front road of real estate, from the 3413-9-ro, Sinung-si, Sinung-si, Sinung-si, Sinung-si, Sinung-si, Do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (formers and report on confirmation), and statutes;

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. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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