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(영문) 수원지방법원 안산지원 2016.05.31 2016고단1291

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On October 9, 2006, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in Seoul Southern District Court (drinking driving) and KRW 1.5 million for the same crime in the support of Suwon Frigwon, which was issued on September 18, 2008, respectively. On November 24, 2015, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for six months for the same crime and was sentenced to a suspended sentence of KRW 6 months for six months for the same crime in the support of Suwon Frigwon Griggwon, which became final and conclusive on December 2, 2015, and has been sentenced to a suspended sentence of at least twice.

Criminal facts

On April 1, 2016, the Defendant, at around 08:30, driven a Clearning car with approximately 30 meters alcohol level 0.217% alcohol level in the section of approximately 10,000 in front of the National Bank located in front of the 1036th Dog-ro 287, Dog-ro Halllllla, the Dog-ro 8th Dog-ro, Seoul, the Dog-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, each summary order, and the application of statutes on 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. In full view of the circumstances below the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and all the conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime, the sentence like the order shall be determined.

Defendant is against his gender.

The defendant has been sentenced to a single sentence due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Escape Vehicles) and a violation of the Road Traffic Act (Crime of Driving Motor Vehicles without Permission), one suspended sentence for a crime of violating the Road Traffic Act, and two fines, respectively.

Nevertheless, the defendant does not know himself.