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(영문) 수원지방법원 여주지원 2016.03.25 2016고단49
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 7, 201, the Defendant was sentenced to a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Suwon District Court’s Eunpyeong District Court on October 7, 201, and was sentenced to imprisonment for six months on June 26, 2014 due to a violation of the Road Traffic Act (drinking driving), and completed the execution of the said sentence on December 9, 2014.

On December 16, 2015, around 15:57, the Defendant driven a bicycle for a motor device at approximately 200 meters alcohol level 0.146% while under the influence of alcohol level 0.146%, without obtaining a motor device bicycle license from the Do in front of the head of Dongcheon-si, Seoul, the head of Dongcheon-si, the head of Dongcheon-si, the head of Dongcheon-si, the head of Dongcheon-si, and the head of Dongcheon-si, the head of Dongcheon-si, the head of the Dong-si, the head of the Dong-si, the head of the Dong-si, the head of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of driving at home;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, such as criminal history, reports on investigation (report on confirmation of the period of repeated crime period), identifications of individuals/application of the Acts and subordinate statutes regarding expropriation;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the Defendant committed the instant crime during the period of repeated crime even though he/she had been subject to punishment several times for the same kind of crime, in light of the unfavorable circumstances, such as the fact that the Defendant committed the instant crime during the period of repeated crime, even though the time of the instant crime was around 4 p.m., the alcohol concentration during blood does not decline.

In determining the term of punishment, the defendant's favorable conditions such as the time of committing his/her crime, drinking by motor device bicycle, and the point of non-licensed driving, etc., and other age, family environment and economic situation of the defendant, motive for committing the crime.

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