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(영문) 수원지방법원 평택지원 2017.05.17 2016고단2609

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[209 [Attachment 2609] On November 14, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act (drinking) at the Suwon Franchising Station. On October 16, 2009, the court issued a summary order of KRW 2,50,000 as the same crime. On October 17, 2012, the Defendant was sentenced to a suspended sentence of one year for imprisonment with prison labor for the same crime from the Suwon District Court’s House as the same crime.

Although the Defendant was punished twice or more due to a violation of the Road Traffic Act (drinking), on November 19, 2016, the Defendant driven a B low-speed car with approximately 0.074 percent alcohol level in approximately four kilometers from the road near the Central University, which was under the influence of the inside of the city at the same time, to the entrance of the vegetable Epic, Eup/Myeon, from the road in the same city at the same time.

[2017 Highest 537] On March 22, 2017, the Defendant driven a motor vehicle with B low speed without obtaining a motor vehicle driver’s license in approximately 10 kilometers from the front side of the Dari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ro to the front road of the same city transmission 21-way.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the situation and report on the situation of driving without obtaining a license;

1. Inquiries into the ledger of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (verification of the same kind of force), summary order, etc., including criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment) concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

1. The reason for sentencing for concurrent crimes under the former part of Article 37, Article 38(1)2, Article 50 subparag. 1, and Articles 53 and 55(1)3 of the Criminal Act, which are relatively low alcohol concentration among the blood transfusion in the instant case, is 0.074%, the recent years before driving alcohol was about five years, and about eight years before driving alcohol, and the Defendant disposed of the instant vehicle.