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(영문) 수원지방법원 안양지원 2015.01.16 2014고단1771
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 28, 2011, the Defendant has been sentenced to a suspended sentence of two years in the six-month imprisonment with labor for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, and two years in the same court on August 12, 2014 and two years in the suspended sentence of eight-month imprisonment with labor for a violation of the Road Traffic Act.

On October 11, 2014, the Defendant, without obtaining a driver’s license at around 23:25, driving a B-cub vehicle from approximately 150 meters at the section of 150 meters to the road prior to the Agricultural, Agriculture, and Livestock Quarantine Headquarters of the Agricultural and Livestock Products Quarantine Center of the Republic of Korea, where the blood alcohol concentration of 0.082% was drunk at the 0.082%.

Summary of Evidence

1. Defendant's legal statement;

1. A digitized document;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;

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. Imprisonment with prison labor chosen;

1. Considering the fact that the sentencing under Articles 53 and 55(1)3 of the Criminal Act has many records of driving under the influence of alcohol due to discretionary mitigation, violation of the Road Traffic Act, and violation of the Road Traffic Act, and violation of the Road Traffic Act only two months after the suspended sentence is sentenced to the instant crime, it is necessary to strictly punish the Defendant and improve the awareness of the criminal conduct.

Therefore, the sentence of imprisonment shall be imposed on the defendant, and the punishment shall be determined as per the order in consideration of the degree of the main behavior and the distance of drinking.

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