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(영문) 수원지방법원 성남지원 2016.03.25 2015고단2932
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2015, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving) at the Sungnam support by the Suwon Friwon, and on February 1, 2010, a summary order of KRW 2.5 million for the same crime at the Jung-gu District Court on February 1, 2010.

Criminal facts

On November 29, 2015, at around 21:10, the Defendant driven a B knife vehicle under the influence of alcohol content of 0.104% without a driver’s license, from around 2 km section from the front of a mutually influent restaurant in the Gandong in Gwangju-si to the front of the Gyeongan District in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. The driver's license ledger;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant’s age, occupation, sex, environment, circumstances before and after the instant crime, etc. shall be determined by comprehensively taking into account all the conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, environment, etc.

In contrast, it is against the law that it is difficult to prevent re-offending due to a fine of negligence, such as drinking or driving without a license, even after being sentenced to a three-time fine due to drinking driving.

is determined.

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