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(영문) 수원지방법원 여주지원 2019.02.20 2018고단1122

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 16, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million at the Suwon District Court on September 19, 2008; on September 3, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million with a penalty of violating the Road Traffic Act at the Suwon District Court on May 3, 2012; and on May 3, 2012, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution.

【Criminal Facts】

On November 28, 2018, at around 00:20, the Defendant driven a DM3 vehicle under the influence of alcohol with approximately 3.6 km alcohol concentration 0.097% while under the influence of alcohol, without obtaining a driver's license, from around the water-related distance adjacent to the water-flow distance in the Changcheon-si, Leecheon-si to the front road in the same city C.B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and report on the status of running a driving on the drinking house;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of power) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. The Defendant had three times the history of punishment for driving under the influence of alcohol, and re-driving this case even though he had the record of suspended sentence of imprisonment for driving under the influence of alcohol.

In addition, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) was low and the driver's license was revoked and the driver's license was revoked and the driver's license

Considering the motive that the defendant made a statement at an investigative agency to drive a driving without a license, the defendant is in the ordinary driving without a license.