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(영문) 수원지방법원 성남지원 2015.06.25 2015고단517
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 12, 2013, the Defendant issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on June 12, 2013, and on August 8, 2013, the Defendant was sentenced to imprisonment for six months with prison labor and for two years with prison labor for the same crime in the same court.

8. 17. The above judgment becomes final and conclusive and is still under suspension of execution.

On January 29, 2015, at around 23:04, the Defendant, without a driver’s license, driven a c bargaining vehicle from front side of a restaurant where it is impossible to identify the trade name on repair of the Seocho-si in Gwangju City to a level of 0.059% without a driver’s license, at around 0.059, the Defendant driven a c bargaining vehicle from front side of the restaurant where it is impossible to identify the trade name on repair of the Seocho-si in Gwangju City to the front road.

Summary of Evidence

1. Defendant's legal statement;

2. Notice of the results of regulating drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses.

3. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification of period of suspension of execution of punishment) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

2. Article 40 and Article 50 of the Criminal Act, the choice of sentence, and the choice of imprisonment.

3. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has the same criminal history on several occasions, and in particular, it is inevitable to sentence a considerable period of time in that he/she drives under the influence of alcohol again during the suspension period due to drunk driving.

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