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(영문) 수원지방법원 안양지원 2016.04.07 2015고단2041
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2009, the Defendant was sentenced to a fine of KRW 700,000 to a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon on January 22, 2009, the Defendant was sentenced to a fine of KRW 4 million to a fine of KRW 4 million for a violation of the Road Traffic Act (drinking driving) in the support for the development of the Friwon Friwon Friwon on June 4, 201, and the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (drinking driving) in the support for the development of the Friwon Friwon

Nevertheless, on October 23, 2015, around 22:30, the Defendant driven a B food car under the influence of alcohol leveling 0.077% while under the influence of alcohol leveling from the front of the two main apartment complexes located in Sinpo-si, Sinpo-si to the front of the road to the front of the luxic resource located in Guangcheon-si, Jincheon-si without the driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. A written inquiry about the results of regulating drinking driving and a driver's license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant had been already punished several times due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed driving), and (b) the Defendant again committed the instant crime without being aware of the fact that he/she had been punished for suspended execution despite the fact that he/she had been sentenced to such suspended sentence; and (c) therefore, the instant crime is not suitable

However, all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, family environment, background of the crime of this case, circumstances after the crime of this case, and the degree of alcohol concentration during blood, etc., when the defendant led to the confession of the crime of this case.

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