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(영문) 수원지방법원 성남지원 2016.02.17 2015고단2808
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 9, 2014, the Defendant was sentenced to a suspended sentence of two years for six-month imprisonment with labor due to a violation of road traffic law (refluence of drinking), in support of the Sungnam branch of the Suwon branch of the Suwon branch of the Republic of Korea on April 9, 201, and the judgment became final and conclusive on April 17, 201

1. On November 2, 2015, under the influence of alcohol level of 0.156% among the blood transfusion around November 23:24, 2015, the Defendant driven C vehicles at a section of about 30 meters from the front side of the sperm dong in Sungnam-si, Seongdong-si, Sungnam-si, to the large-name chemical building parking lot in Sungnam-si, Sungnam-si.

2. On November 2, 2015, the Defendant driven C vehicles at a 30-meter range from the parking lot for the luxal building as stated in paragraph (1) of the criminal facts to the luxal colon 2 parking lot located in Sungnam-si, Sungnam-si, Sungnam-si, with a alcohol level of 0.123% among the blood transfusions around 23:58.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking;

1. Statement on the circumstances of the driver at each driving school;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment of the same type of crime record);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is as follows: (a) the defendant was sentenced to a fine in 2014 for the same kind of crime; and (b) the nature of the crime, such as committing each of the crimes in this case, without being aware of the period of suspension of execution due to the same kind of crime as stated in the first head of the judgment, is inevitable.

However, the sentencing conditions, such as the defendant's age, sex, family relationship, the circumstances leading to driving of each drinking of this case, and the progress after drinking, shall be determined by comprehensively taking into account the facts that the defendant is against the crime of this case.

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