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(영문) 수원지방법원 안양지원 2016.11.18 2016고단1549
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 1, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jeonju District Court on November 19, 2007, KRW 1.5 million for the same crime at the Cheongju District Court on November 19, 2007, and KRW 5 million for the same crime at the Chuncheon District Court on September 6, 2013.

【Criminal Facts】

On December 7, 2015, at around 08:25, the Defendant driven a Grand Car under the influence of alcohol concentration of 0.056% without obtaining a driver’s license from around the 500-meter section from front of the Olympic Winter Village apartment commercial building located in Songpa-gu Seoul Metropolitan Government to the west-west-dong located in Gangdong-gu, Gangdong-gu to the front road.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes to criminal investigation reports;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Unfavorable circumstances: A majority of the previous criminal offenders of the same kind and the suspension period of the execution of the crimes of violation of the Road Traffic Act (unlicensed Driving). - Proprietary circumstances: The defendant's reflective appearance while recognizing all the crimes, and the blood alcohol concentration is relatively low.

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