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(영문) 서울중앙지방법원 2016.07.06 2016고단2458
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

[criminal history] On March 19, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving) at the Suwon Franchising Station on March 19, 201, and on February 10, 2014, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court on February 10, 2014, and on March 16, 2016, issued a summary order of KRW 7 million for the same crime at the same court on March 16, 2016, and has three times

[Criminal facts]

A. Although the Defendant had been punished twice for a violation of the Road Traffic Act (drinking driving), the Defendant driven CM5 vehicle under the influence of alcohol 0.149% in alcohol level from the front of the 207-ro 207, from the 06:36 on February 20, 2016, to the same 207-ro 207, from the 2006:36 on the right-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-way

B. The Defendant violated the Road Traffic Act (unlicensed Driving) driving on the road, even though his driver’s license was revoked due to drinking at the same time and place as above, the said car was driven approximately 1 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A paper of measurement of drinking alcohol;

1. The head at the time of detection of the site;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (formers and confirmations), and copies of each summary order shall be applied;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 on the order to provide community service and attend lectures is that the defendant has been subject to multiple criminal punishments on two occasions due to drinking driving and driving without a license, including the previous two years of driving of drinking, and that another victim will occur due to such crimes of the defendant.

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