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(영문) 수원지방법원 2016.10.27 2016고단3249
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On December 28, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act, a summary order of KRW 1.5 million to a fine for the same crime in the same court on January 18, 2012, a summary order of KRW 1.5 million to a fine in the same court on May 20, 2015, and a summary order of KRW 5 million to a fine for the same crime was issued in the same court on May 20, 2015, and on October 21, 2015, to a fine of KRW 8 months and a suspended sentence of two years for a violation of the Road Traffic Act was sentenced.

At around 22:00 on May 14, 2016, the Defendant driven a D-to-pubed car without a driver’s license, under the influence of alcohol leveling 0.166%, from the front line of the “mar frequency house” to the front line of the “Seoul Housing” located in the same Dong to the front line of the “Seoul Housing.”

As a result, the defendant, even though he had been punished more than twice due to drinking driving, once again driven the car while under influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The ledger of driver's licenses;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the defendant was sentenced to a suspended sentence for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and committed the instant crime during the period of the suspended sentence, and that the defendant had the record of being sentenced to a fine several times in the previous sentence, a sentence shall be imposed on the defendant.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant is against the defendant, and the age, character, conduct and environment of the defendant, shall be determined as ordered.

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