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(영문) 수원지방법원 2016.01.27 2015고단5258

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 21, 2015, the Defendant was sentenced to a suspended sentence of one year and a fine of five million won for six months, on the grounds of a violation of road traffic law at the Suwon Flag Flag, etc., and the judgment became final and conclusive on August 29, 2015.

[2] On August 23, 2015, the Defendant driven a motor vehicle at approximately 1km section from the Defendant’s house located in Suwon-si, Suwon-si, Suwon-si, to the front road of the sports science and high school located in the same Gu, without obtaining a driver’s license, and driving a motor vehicle at the D window, at the level of alcohol concentration of 0.105% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver driving and a measurement or printing of drinking;

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

1. The driver's license ledger;

1. Criminal records: References to inquiries, such as criminal records, investigation reports (Attachment to the previous decisions and judgments, etc.), reports on the past records of dispositions and results of confirmation of the past records of dispositions, and the application of the statutes in Part III of the judgment;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act: Provided, That the defendant for the reason of sentencing under Article 39(1) shall be sentenced to imprisonment with prison labor for the defendant, considering the fact that he/she committed the crime of this case again within two days from the date he/she was sentenced to a suspended sentence for the same kind of crime;

However, considering the fact that the defendant recognized the crime and is in depth and reflects on the defendant's age, sex, environment, health conditions, motive leading to the crime, etc., the sentence as per the order shall be determined by taking into account various sentencing conditions, such as the defendant's age, sex, environment, health conditions, and together with the case of the violation of the Road Traffic Act (e.g.,