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(영문) 수원지방법원 여주지원 2016.08.19 2016고단663
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On June 25, 2007, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (drinking on drinking), etc. on October 22, 2007, and on December 13, 2013, the Defendant was sentenced to a suspended sentence of KRW 5 million for the same crime in the same court. On December 13, 2013, the Defendant was sentenced to a summary order of KRW 5 million for the same crime. On April 28, 2015, the Defendant was sentenced to a suspended sentence of KRW 10 million for the same crime in the same court.

[2] On May 29, 2016, the Defendant driven a Ctra XG car at approximately 200 meters away from the road near the Yaecheon-si, Yacheon-si, Yacheon-si, Seoul, without obtaining a driver’s license, while under the influence of alcohol at around 0.139% in alcohol during blood, to the front road of the 113 NTS factory.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect's records) statute;

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 for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (recognating favorable circumstances among the reasons for sentencing) of the Act on Reduction of Small Amount of Punishment shall be sentenced in light of the unfavorable circumstances, such as the fact that the defendant committed the instant crime again during the period of suspension of execution, even though he/she had been already punished several times for the same crime.

In determining the term of punishment, conditions favorable to the defendant's act of committing his/her crime, such as the fact that he/she is living against him/her, and other cases where this judgment becomes final and conclusive.

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