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(영문) 수원지방법원 평택지원 2016.06.02 2016고단139
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 8, 2011, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court on the grounds of a violation of the Road Traffic Act, and on March 21, 2012, on March 21, 2012, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc.,

Although the Defendant had had a history of driving under the influence of alcohol twice as above, he again driven a CAp car without obtaining a driver’s license on January 14, 2016, under the influence of alcohol leveling 0.203% from the mutual influoral fluoral road in Pyeongtaek-si, to the front day of the same shocking roadway, from around 500 meters to the front day of the same shocking roadway.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving, and inquiry about licenses;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking), Article 152 (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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment is that the Defendant again committed the instant crime even though he/she had been punished four times due to drinking driving, and four times due to unlicensed driving, even though he/she had been punished four times due to drinking driving.

Defendant was sentenced to a suspended sentence of imprisonment for the same crime on March 21, 2012. At the time, the court issued an order to observe protection and attend lectures while taking into account the status of the dependent family members of Defendant at the time.

A sentence imposed on a defendant and a sentence imposed on a person without a license for drinking or driving without a license shall be imposed more mitigated than a statutory penalty in light of the first reason.

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