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(영문) 수원지방법원 2016.07.06 2016고단2716
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to one year of imprisonment and three years of suspension of execution as a crime of violating the Road Traffic Act in the assistance in Ansan-gu, 2013 on August 22, 2013, and was sentenced to four times of punishment for the same crime. On March 24, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Suwon-gu, and is still pending in the same appellate court.

[2] On February 25, 2016, the Defendant driven a Fran vehicle at the 1km section from the Yeonsu-gu, Yeonsu-gu, Incheon to the roads located in the same Gu from the Yeonsu-gu, Yeonsu-gu, Incheon to the roads located in the same Gu without a vehicle driver's license at around 19:20 on February 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. A report on the main driving;

1. Previous convictions in the judgment: Application of a reply to inquiry, such as criminal history, each investigation report [report on the progress of the trial at an appellate trial of each suspect A, report on the binding of a copy of the judgment, such as the suspect A's violation of traffic laws at the same kind of road for the suspect], text of the judgment, text of the judgment

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. The defendant shall be sentenced to imprisonment with prison labor, taking into account the following facts: (a) the criminal records of the same kind of sentencing for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the crime of the second drinking driving during the period of suspension of execution, and (c) the crime of the second drinking driving during the period of suspension of execution was discovered and prosecuted again during the period of suspension of execution

However, the sentence shall be determined as ordered in consideration of the fact that the defendant has mistakenly recognized the defendant, and all kinds of sentencing conditions, such as the age, sex, environment, etc. of the defendant.

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