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(영문) 수원지방법원 2015.10.29 2015고단3776
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 13, 2014, the Defendant sentenced the Suwon District Court to 10 months of imprisonment for a violation of the Road Traffic Act, etc., and completed the execution of the sentence on May 20, 2015.

In addition, on June 18, 2013, the defendant was issued a summary order of KRW 7 million by the Suwon District Court due to the violation of the Road Traffic Act (driving).

On July 18, 2015, the Defendant driven a B motorcycle at the section of about 1.2 km to the front of the high-speed road of about 19-10 meters in front of the front of the 19-10-on-road, in a state of alcohol with a blood alcohol concentration of 0.094% without obtaining a motorcycle driver's license on July 18, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. 112. Receipt ledger of reports; and

1. Inquiries about the results of the control of drinking driving and making inquiries into driver's licenses;

1. Previous records of judgment: Criminal records, replys to criminal records, personal identification and confinement status, summary order, application of Acts and subordinate statutes;

1. The indictment under Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving) and Article 154 subparagraph 2 of the Road Traffic Act concerning criminal facts is stated as "Article 154 subparagraph 1 of the Road Traffic Act, but it appears to be a clerical error;

Article 43 (Power of Driving Motor Vehicles without License)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentence of imprisonment is inevitable, considering the circumstance that the defendant for sentencing Article 35 of the Criminal Act among repeated crimes commits the crime of this case during the period of repeated crimes for the same crime, etc.

The period of imprisonment, along with the circumstances presented as the reasons for the sentence above, shall be set by six months, after reducing the statutory penalty by taking into account the various circumstances that serve as the conditions for sentencing, such as the fact that the defendant reflects, the fact that the defendant is a person for a previous offense (including five previous years of punishment, five previous years of suspension of execution, four previous cases of suspension of execution), the fact that the amount of alcohol is not high, and driving a motorcycle.

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