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(영문) 수원지방법원 성남지원 2015.09.16 2015고단1160

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to imprisonment with prison labor for six months with prison labor for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on September 18, 2014, and the probation period becomes final and conclusive on the 26th of the same month.

【Criminal Facts】

On June 6, 2015, at around 17:05, the Defendant driven an E-bow cargo vehicle under the influence of alcohol concentration of 0.139% without a vehicle driver’s license from the front of the Defendant’s house located in Sungnam-si C to the same Gu D road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the circumstances of the driving of a motor vehicle;

1. Notification of the result of crackdown on drinking driving;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. In light of the fact that the defendant's reason for sentencing selective imprisonment with prison labor was in the period of suspension of execution for the same crime, and that blood alcohol concentration is considerably high, it is inevitable to sentence the defendant to imprisonment with prison labor.

However, the fact that the defendant is against the defendant, that the defendant's wife complains of his living conditions, and that the defendant's wife desires to leave his front line, and that the driving distance is not visible, etc., shall be determined as the same as the order in consideration of the circumstances favorable to the defendant.