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(영문) 수원지방법원 2016.12.14 2016고단5320
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 29, 2011, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act, etc. at the Suwon District Court on August 29, 201, and on November 18, 2015, the Defendant was sentenced to a suspended sentence of 6.5 million won by a fine, etc. at the same court on November 18, 2015 and was sentenced to a summary order of 6.5 million won by the same court on April 28, 2016, and was sentenced to a suspended sentence of 4 months by the same court on April 28, 2016. The said judgment became final and conclusive on May 10

On July 24, 2016, at around 18:10, the Defendant driven a car under the influence of alcohol of 0.180% in blood alcohol concentration from around 500 meters to around 1072, as from the front road of the 1070-do-Ulllllllllllle, the wife population of which is 314, the front road of the Republic of Korea, the front road of the Republic of Korea, 1072, to the front road of the Republic of Korea, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Notification of the results of drinking driving control, and measurement results;

1. Registers of driver's licenses;

1. Criminal records as judged: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a copy of the judgment, etc.);

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. The sentence of imprisonment with prison labor shall be imposed on the defendant considering the following facts: (a) the same criminal record and the same reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including three times before and after the suspension of execution of the sentence) are seven times (including three times before and after the suspension of execution of the sentence); and (b) the defendant committed the crime of this case during the period of suspension of execution due to the same kind of crime; and (c) the defendant committed a driving without a license again and received the summary order of the fine even

However, the fact that the defendant has mistakenly recognized the driving background, driving distance, age, character and conduct of the defendant.

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