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(영문) 수원지방법원 2016.04.20 2015고단4444

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 22, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon, and on September 4, 2013, the Seoul Central District Court issued a summary order of KRW 7 million for a violation of the Road Traffic Act and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death and Injury and Injury) at the Seoul Central District Court on September 1, 201, and on June 11, 2014, the same court was sentenced to a suspended sentence of imprisonment of KRW 8 months for a crime of violation of the Road Traffic Act (drinking) and a violation of the Road Traffic Act (licensed driving). The judgment became final and conclusive on June 19, 2014.

[Specific criminal facts] Around August 3, 2015, the Defendant driven CMW car under the influence of alcohol content of 0.161% in blood without obtaining a driver’s license from the front of the Sejong-Ma-dong located in Sinsan City to the terminal distance in front of the site located in Suwon-si, Suwon-si, from around 5 km to the road in front of the terminal distance in which Suwon-si, the right to instigate the right to use.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of records of drinking alcohol measurement and the results of regulating drinking driving;

1. The driver's license ledger;

1. Photographs showing the suspect's vehicle progress at the time of crackdown;

1. Records of judgment: References to inquiries, such as criminal history, investigation reports (Attachment to a criminal suspect's previous summary order, etc.), summary order, and text of judgment, etc.;

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. The defendant shall be sentenced to imprisonment with prison labor, considering the following facts: Article 53 of the Criminal Act and Article 55(1)3 of the Criminal Act (the favorable circumstances for sentencing) of the same Act (the grounds for sentencing are three times; and the defendant shall be sentenced to imprisonment with prison labor for the defendant during the period of the suspension of the execution of the same kind of crime:

However, there is no record of criminal punishment except for the same kind of criminal records, and the defendant's person.