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(영문) 수원지방법원 2017.09.05 2017고단3810

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant of “2017 Highest 3810,” on March 30, 201, issued a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act at the source of a water source method on March 30, 201; on November 19, 201, the same court issued a summary order of KRW 1,50,000 as a fine for the same crime; on January 27, 2016, the same court issued a summary order of KRW 5,00,00 as a fine for the same crime; and was punished twice or more due to drinking.

On May 31, 2017, the Defendant driven Ck7 car under the influence of alcohol content of about 0.099% while under the influence of alcohol in blood without obtaining a driver’s license from about 800 meters from the shooting distance in the Gu-gu Gu-gu Gu-ri, the Gu-ri, the Gu-ri, the Gu-ri, to the front road of the “Seoul-gu,” located in approximately 474-1 of the same face value, from May 31, 2017.

2. On June 22, 2017, the Defendant of “2017 Highest 4387,” driven D 3.10,000,000 local-nam 10,000 and 879-25,000,000 from the front side of the gold integrated machines at the time of harmony to approximately 10,00 square meters, without obtaining a driver’s license, at the section of about 3.10,00 in the front of the gold integrated machines at the time of harmony to approximately 877-4,00 square meters.

Summary of Evidence

"2017 Highest 3810"

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Each investigation report (a report accompanied by the same type of power and details of revocation of driver's license);

1. Copy of the summary order and details of the revocation of driver's license": "4,387 Highest 2017 Highest;

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in Articles 40 and 50 for the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licenseed driving) and the crimes of violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;