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(영문) 수원지방법원 성남지원 2016.10.12 2016고단1949
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 25, 2008, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on March 4, 201, and a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Ansan District Court on March 4, 201. On December 24, 2014, the Defendant was sentenced to a suspended sentence for six months for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on December 24, 201, and is currently under the suspended sentence.

【Criminal Facts】

On June 25, 2016, around 01:30 on June 25, 2016, the Defendant driven a motor vehicle under the influence of alcohol level of 0.180%, without obtaining a driver's license, from a water zone of approximately 4 km from the Hancheon-dong of Gyeonggi-do to the water zone of 50-5 metropo-dong of Sungnam-si, Seongbuk-do to the front road of the Sungnam-si, Sungnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, notification on the results of drinking control, and the register of driver's licenses;

1. Previous records: Application of criminal records, repeated statements, and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting a crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment for the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and the former crimes);

1. Selection of imprisonment with prison labor chosen;

1. Taking account of the fact that the instant crime was committed during the period of the same kind of suspended sentence with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., the fact that the sentence is being imposed) and the fact that the blood alcohol concentration level is high, it is inevitable to sentence the Defendant.

The defendant's depth is against the defendant, the age, family environment, and the circumstances leading to the crime of this case shall be combined, and the punishment shall be determined as per the order.

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