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(영문) 수원지방법원 안양지원 2016.05.27 2016고단289
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

【The Defendant received each summary order of KRW 3,000,000 from the same court on March 9, 2016, for the same offense, as a crime of violating the Road Traffic Act, in the support for the development of the Suwon Friwon method: (a) on November 25, 2015.

【Criminal facts” On March 11, 2016, the Defendant driven B 300C motor vehicles from the front Do to the front 223-lane 5, a 700-lane 5, both of which are located in the Mayang-si, Mayang-si without obtaining a driver’s license, while under the influence of alcohol content of 0.054% during blood transfusions at around 01:25.

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 (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reports (Attachment of a copy of the previous summary order);

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. The reason for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures [unfavorable circumstances] The defendant has been punished for the same crime as indicated in the judgment of the court. [Dissenting circumstances] The defendant recognized a crime and there is no record of punishment heavier than suspended execution. There is no record of punishment. [Other circumstances] The motive for crime, degree of alcohol concentration in blood, age of the defendant, sexual behavior, environment, etc.

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