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(영문) 수원지방법원 2015.09.17 2015고단3155
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 16, 201, the Defendant issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Suwon District Court on March 30, 201, and on March 30, 201, the Defendant issued a summary order of 4 million won by the same court on March 30, 201, and on July 24, 201, by the same court on July 24, 201, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment for a violation of Article 44 (1) of the Road Traffic Act on at least two occasions.

On May 9, 2015, at around 22:40, the Defendant, without a driver’s license, driven B car at a section of approximately 300 meters for the front road at a remote area below the Young-gu, Young-gu, 0.136% of alcohol content while under the influence of alcohol without a driver’s license, the Defendant driven B car at a section of approximately 300 meters of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of a reply to criminal records, reply to investigation reports (a summary order and attachment of a copy of judgment) and 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. The sentence of imprisonment shall be imposed, considering the fact that the sentence of punishment under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is seven years or more due to the reason of drinking or unlicensed driving, and, in particular, the suspended sentence of imprisonment for the crime of this case is committed during the suspended sentence period after being sentenced to a suspended sentence of imprisonment due to drunk driving or unlicensed driving;

In addition to the above circumstances, the term of imprisonment with prison labor, together with the above circumstances, takes into account various sentencing conditions, such as the fact that the defendant reflects the depth of the defendant, the low amount of alcohol alcohol, the short driving distance, the suspension period (2 years) has passed without cancelling the suspension of execution, the family form (in particular, the health of the parents is not good, and the family form has dependents).

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