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(영문) 수원지방법원 안산지원 2016.08.16 2016고단2116
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On July 6, 2012, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) in support for the development of a water source method, and a fine of KRW 5 million due to a violation of the Road Traffic Act (dacting driving) in the same court on March 7, 2016.

On April 26, 2016, at around 00:50, the Defendant driven a BKan Corpam under the influence of alcohol level of 0.156% while under the influence of alcohol level of 0.156%, without obtaining a driver's license in the section of approximately 30km from the industrial complex located in the city of Sinpo-si in the vicinity of Sinpo-si, Sinpo-si, Sinpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol and reporting on the situation of the driver;

1. Report on the circumstances of driving without a license, and the driver’s license ledger;

1. Previous conviction: Application of inquiries about criminal history and a copy of each summary order to the Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act, which provide for the option of punishment;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, and all the conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime, the sentence like the order shall be determined.

Not only has a lot of history of punishment due to driving without a license for drinking, but also has a lot of history of punishment for other traffic-related crimes or editable crimes.

In addition, the crime of this case has been committed at least half of one month since it was finally punished due to driving without drinking permission.

However, there is no history of punishment exceeding fines due to driving without a license for drinking, and considering that there is only two penalties for fines between the last ten years.

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