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(영문) 수원지방법원 성남지원 2016.09.27 2016고단2036

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 10, 2014, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking driving) in support of the Sungnam branch of Suwon branch on March 10, 201. On June 13, 2016, the Defendant received a summary order of KRW 3 million for the same crime in the same court on June 13, 2016. On July 6, 2016, the Defendant received a summary order of KRW 8 million for the same crime.

Criminal facts

On May 17, 2016, at around 21:05, the Defendant driven B e300 automobiles with approximately 500 meters alcohol content while under the influence of alcohol content 0.08% in blood without a driver's license from the front of the trade influorial convenience store located in the area of Tae-dong, Busan Metropolitan City to the front day of the same Si-dong.

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: Inquiry about criminal history, investigation reports (verification of the history of drinking driving), each indictment, and the application of the text of a summary order to Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, and all the conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime, the sentence like the order shall be determined.

There is no record of punishment exceeding a fine, and there is no record of punishment exceeding a fine. It is difficult to prevent recidivism by a fine due to the same crime, such as drinking and driving without a license even after being sentenced to three times a fine for the same crime.

is determined.