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(영문) 수원지방법원 성남지원 2016.03.18 2015고단2823
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 16, 2011, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating road traffic law (drinking driving) in the support of the Sungnam branch of Suwon Friwon.

On December 9, 2014, the Defendant was sentenced to a suspended sentence of two years on July 30, 2015, due to a violation of road traffic law in support of Sungnam-gu, the Defendant was under the suspended sentence of two years, which became final and conclusive on July 30, 2015.

Criminal facts

On December 4, 2015, the Defendant driven a BM7 car under the influence of alcohol concentration of about 0.086% in blood without obtaining a driver's license from the front of the 5st rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, a report on the circumstances of driving a drinking and a report on the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: Application of inquiry, inquiry, text of judgment, summary order-related Acts and subordinate statutes;

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 alternative imprisonment with prison labor (the following extenuating circumstances out of the grounds for sentencing shall be considered):

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) are as follows: (a) the circumstances constituting the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, shall be determined by a fine and the sentence as ordered.

The favorable circumstances: The defendant has led to the confession of all crimes and reflect himself.

The defendant is punished several times for a crime of the same kind.

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