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(영문) 수원지방법원 여주지원 2016.05.31 2016고단283
도로교통법위반(음주운전)등
Text

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

[criminal history] On May 28, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) at the inn of the Suwon Friwon Friju, and on May 27, 2015, issued a summary order of KRW 4 million due to a crime of violating road traffic law (drinking driving) in the Sriwon Friju support.

[Criminal facts]

1. On March 16, 2016, the Defendant: (a) driven a motor vehicle with approximately KRW 1 km up to the front side of the city in the state of alcohol 0.152% while under the influence of alcohol in the blood without obtaining a motor vehicle driver’s license around 22:40 on March 16, 2016; and (b) from the road before and after the inn city, the Defendant driven a motor vehicle with the e-hurd hurged vehicle with approximately 1 km up to the front side of the road.

2. On March 22, 2016, the Defendant, without obtaining a driver’s license from around 07:00 on March 22, 2016, driving a motor vehicle with 10km E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a judgment of a suspect's drinking driving);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment provided for in a crime of violating the Traffic Act of a person on March 16, 2016 and a crime of violating the Traffic Act of a person on March 16, 201 and a traffic Act of a road, and a punishment provided for a crime of violating the same Act of a more severe punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes due to the crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of two crimes) ;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.

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