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(영문) 수원지방법원 2014.05.01 2014고단398
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On June 27, 2013, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Driving without a license) at the Suwon District Court on April 3, 2013; on April 3, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment for six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicles) and a violation of the Road Traffic Act (driving) at the Ansan District Court on April 11, 2013; and the said judgment has

【Criminal Facts】 Although the Defendant was punished on two or more occasions due to drunk driving, on November 27, 2013, the Defendant driven C Eas vehicle from the street in front of the red house located in the gradular gradular gal, to the front side of the gradular gradal gri, in a state of being drunk with a blood alcohol content of 0.226% without obtaining a driver’s license on November 27, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to the same type of judgment, etc.);

1. Articles 148-2 (1) 1, 44 (1), 152 and 43 of the Road Traffic Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation of punishment is inevitable to sentence a person who has committed a second offense during the period of probation for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 (see, e.g., reflectiveness) of the Criminal Act, and the sentence shall be determined as ordered in consideration of the conditions of sentencing under Article 51 of the Criminal Act;

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