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(영문) 수원지방법원 여주지원 2016.02.16 2015고단936

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

[criminal record] On May 19, 2008, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the inn of the Suwon Friwon Friwon. On January 29, 2010, the Defendant was issued a summary order of KRW 4 million as the same crime in the same court.

[Criminal facts] On September 24, 2015, the Defendant driven a motor device bicycle with a non-registered 50cc-picking machine without obtaining a motor device bicycle license from the front of the mutual influent restaurant located in e.g., e., e., e., e., e., e., the non-registered e., approximately 5 km-ro 111-2, from the front of the commercial influent restaurant in e.g., e., e., the non-registered e., the Defendant, while drunking around 10:

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

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

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

1. Photographs;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to the crimes of violation of traffic laws on roads and the crimes of violation of traffic laws on roads, and punishment provided for in the crimes of violation of traffic laws on roads with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes by concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of two crimes];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62(1) of the Criminal Act provides that the suspension of execution (i.e., repeated consideration of favorable circumstances among the following reasons for sentencing) shall be 1.