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(영문) 수원지방법원 성남지원 2016.04.01 2016고단210

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2007, the Defendant received a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) from the Seoul Central District Court on July 12, 2007, and a summary order of four million won for the same crime in the support of the Suwon Friwon Ginam District Court on December 29, 2015.

Criminal facts

On January 22, 2016, the Defendant driven CA car under the influence of alcohol content of about 0.081% without obtaining a driver’s license from around the front day of his house located in Gwangju City B and A 401 to around 07:30 on the same day from around the same day, Gwangju City, Do-si, Do-si, and around 4km from around 07:30 on the same day.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to the same type of judgment);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of alternative imprisonment with prison labor (the following sentencing shall be taken into account the extenuating circumstances);

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the favorable circumstances in which the sentencing is significant);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered in light of the favorable circumstances in the light of the attention);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc., shall be determined in full view of the sentence like the order.

A bad condition: The defendant is a crime of the same kind.