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(영문) 수원지방법원 2015.06.17 2015고단1977
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 19, 2007, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Seosan Branch of the Daejeon District Court on March 12, 2013, and a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the same court on March 12, 2013, and was sentenced to a summary order of KRW 6 million on January 29, 2015, and was sentenced to a suspended sentence of imprisonment with labor for the same crime at the Suwon District Court on February 6, 2015, and the judgment became final and conclusive on February 6, 2015, and has the record of driving under the influence of drinking at least

On March 17, 2015, at around 22:07, the Defendant driven a BFL car under the influence of alcohol concentration of about 0.110% without obtaining a driver’s license in a section of approximately 200 meters from the front of the Mari-gu Mari-gu Mari-gu Mari-si to the front of the Mari-si Mari-si Mari-si Mari-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to previous judgments, written judgments, 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 reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was sentenced to a suspended sentence of imprisonment for a crime of violating the Road Traffic Act, and the defendant was sentenced to a suspended sentence of imprisonment for a violation of the Road Traffic Act. Since the judgment was not finalized and one month was carried out again during the suspended sentence period, the defendant was sentenced to imprisonment with prison labor for the defendant.

However, in consideration of the fact that the defendant acknowledges and reflects the crime and the driving distance, etc., the punishment shall be determined as ordered in consideration of the sentencing conditions, such as the defendant's age, character and behavior, and environment.

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