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(영문) 수원지방법원 성남지원 2016.11.18 2016고단1921

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2008, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act from the Suwon District Court on March 21, 2008, and a summary order of two million won or more as a fine in the same court on June 5, 2008.

around 21:23 on May 24, 2016, the Defendant driven B Poter cargo under the influence of alcohol concentration of approximately 0.177% from the section of about 100km to the front road of the 3340km in the Cheongdo-si, Cheongdo-si, the Cheongdo-si, the Cheongdo-si, the Cheongdo-si, the Cheongdo-si, the Cheongdo-do-si, the Cheongdo-do-si.

On September 6, 2016, the Defendant driven B cargo vehicles under the influence of alcohol content of 0.245% while under the influence of alcohol content of 0.245%, without obtaining a driving license around 22:15 on September 6, 2016.

In the end, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle without a license under the influence of alcohol.

Summary of Evidence

"2016 Highest 1921"

1. Defendant's legal statement;

1. Report on the statement of the situation of a driver, and the register of driver's licenses, "2016 Highest 3087";

1. Defendant's legal statement;

1. Report on the actual state of a driver, report on the situation of a driver without a license, and judgment on the ledger of a driver's license, and the records: Application of Acts and subordinate statutes of each summary order shall be made;

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

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that the criminal records of the defendant under Article 62 (1) of the Criminal Code of the suspended execution are twice the same criminal records, the fact that the defendant re-offendered while being tried by the court due to drinking and unlicensed driving, and the result of blood alcohol concentration is also high.