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(영문) 수원지방법원 2015.04.30 2015고단1109
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 13, 2012, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Suwon District Court's Ansan branch on June 13, 2012, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Suwon District Court on June 26, 2014, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

On February 28, 2015, the Defendant, without obtaining a driver's license on February 19, 2015, driven a DNA cargo vehicle at approximately 3.5 km from the road near the new hospital located in the hydro-si in the hydro-si under the influence of alcohol by 0.071%, to the cheon-si Road in the cheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous records: Application of a reply to a reply to criminal records, etc., a response, a Suwon District Court Decision 2014 High Court Decision 2014 High Court Decision, and a summary order 887 High Court Decision 2012 High Court Decision 2012 High Court

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The defendant shall be punished by imprisonment with prison labor, considering the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been punished eight times due to drunk driving or unlicensed driving (five times a fine and three times a suspended sentence of imprisonment with prison labor), and in particular, the defendant commits the instant crime while being sentenced to a suspended sentence of imprisonment with prison labor due to drunk driving, etc. and again commits the instant crime during the suspended sentence period;

In addition, the term of imprisonment with prison labor, along with the above circumstances, is seriously against the defendant by selling an automobile, etc., and the blood alcohol is low, family and family form, health condition, etc.

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