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(영문) 수원지방법원 성남지원 2016.03.18 2015고단2960

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

[criminal history] On May 16, 2013, the Defendant was sentenced to a fine of 10 million won due to a violation of road traffic law (drinking driving) at the Seoul Central District Court on May 16, 2013. On February 13, 2013, the Defendant was sentenced to a suspended sentence of 1 year of imprisonment with prison labor for the same crime, etc. at the same court, and the judgment became final and conclusive on

[Criminal facts] On November 18, 2015, the Defendant driven B truck under the influence of alcohol with 0.126% alcohol concentration of 0.126% during blood without a vehicle driver’s license at approximately two to three meters of the road located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-dong, 4949, Sungnam-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the detection of the driver at home, a report on the circumstances of the driver at home, and a report on the circumstances of the driver at home;

1. The driver's license ledger;

1. The application of CCTV-free photographs, photographs of accident vehicles, etc. [previous] The investigation records, and the application of Acts and subordinate statutes to investigation reports (the driving of drinking and verification of non-licensed driving records);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of alternative imprisonment with prison labor (the following sentencing shall be taken into account the extenuating circumstances);

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the favorable circumstances in which the sentencing is significant);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered in light of the favorable circumstances in the light of the attention);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the protection and observation of the community service order and the order to attend a lecture, and the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, and the circumstances of the crime after the crime, etc., shall be taken into consideration, and the punishment as ordered shall be determined by a fine.

Unfavorable circumstances: The defendant may have a record of the same kind of crime.

The crime of this case is identical to the defendant.