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(영문) 수원지방법원 성남지원 2015.11.25 2015고단2219

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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

On May 16, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, KRW 4 million in the same court on August 10, 2015, and KRW 4 million as a fine for the same crime in the same court on August 10, 2015, respectively. < Amended by Act No. 13588, Aug. 10, 2015>

On September 22, 2015, the Defendant, without a driver’s license, driven a DNA car, which is owned by the Defendant, from the playground distance in Sungnam-gu, Sungnam-gu, Sungnam-si, to the front day of the Cirmo-gu, Sungnam-si, Sungnam-si, with a blood alcohol content of 0.108% while under the influence of a driver’s license, 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal history records, inquiry reports (suspects' previous records and confirmations) and Acts and subordinate statutes;

1. Relevant laws concerning criminal facts and Articles 148-2 (1) 1, 44 (1) (a point of driving sound), subparagraph 1 of Article 152, and Articles 43 (a) and 152 (a point of driving without a license) of the Road Traffic Act, and choice of imprisonment for each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act committed the instant crime even though they had been punished several times due to drinking alcohol, and in particular, since they did not receive a summary order of a fine due to drinking driving, they should be punished strictly as committing the instant crime because they did not have been sentenced to a summary order of a fine, but they should be punished strictly. However, they are divided into their crimes, did not cause accidents even if they did not occur frequently, and all of the sentencing conditions shown in the instant pleadings, such as drinking alcohol, etc., shall be determined as ordered by the order, taking into account all the sentencing conditions