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(영문) 수원지방법원 여주지원 2014.05.12 2014고단165

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

A. On November 21, 2013, at around 02:00, the Defendant driven a 2 km of Maz car in the form of a main alcohol content of blood alcohol 0.149% (equipment measurement) at the Gyeonggi-gu Rocheon-gun Acheon-gun, the Defendant driven a two km of approximately two kilometers from “Mocheon Macheon-gu” to “Ocheon-gu” in the same Ri.

B. On November 20, 2013, the Defendant, without obtaining a driver’s license issued by the commissioner of the Local Police Agency, driven the above 4 km of the vehicle from “house” to “house Yacheon- Ri” located in Gyeonggi-gun C to “house Yacheon- Ri” located in the same side of the same Myeon, and driven again the above 5 km vehicle.

As set forth in the above paragraph, the above-mentioned vehicle was driven in approximately two kilometers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the report on detection of motor vehicle drivers, and the ledger of motor vehicle driving licenses;

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

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

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

1. Although there are several previous convictions of the violation of the Road Traffic Act due to the reasons for sentencing selective punishment of sentence, the crime of this case was committed during the suspended sentence due to the violation of the Road Traffic Act and the Act on the Aggravated Punishment, etc. of Specific Crimes, and the crime of recidivism was committed again during the suspended sentence period despite the record of being sentenced to a fine due to the violation of the Road Traffic Act (unlicensed Driving) during the suspended sentence period. It is so ordered as per Disposition in consideration of the above facts.