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(영문) 수원지방법원 안양지원 2016.08.26 2016고단390
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 2, 2015, the Defendant received a summary order of KRW 7 million as a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drawing driving). On March 18, 2015, the Defendant received a summary order of KRW 9 million as the same crime in this court.

[2] On March 10, 2016, the Defendant driven a D-Adi vehicle over about 6 km from the Kundong Station near the Kundong Station in Sinpo-si to the Kunpo-dong Kunpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, under the influence of alcohol content of 0.10% while under the influence of alcohol with no driver’s license on March 10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking, report on the circumstances of driving without a license, and inquiry into the results of regulating drinking driving;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the same kind of force), and summary order-making statute;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the “unfair sentence”) is due to - Unfavorable circumstances: The first head before and after 2008 as indicated in the judgment; the first head before and after 2008, criminal records of a fine due to a violation of the Road Traffic Act (driving Driving) were repeated by using the same vehicle as the previous one at 4 times as the date the last crime was committed; the trial in this case also in this case was impossible; the number of alcohol concentration and driving distance is considerable - Other favorable circumstances: The defendant was erroneous; the defendant's age, sex, occupation, family relation, etc. is recognized - Other normal circumstances: the defendant's age, sex, occupation, family relation.

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