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(영문) 수원지방법원 성남지원 2017.09.13 2017고단1659

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Seoul Northern District Court on May 13, 2010. On May 8, 2017, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Sungnam branch of the Suwon branch of the Seoul Northern District Court.

around 02:20 on April 29, 2017, the Defendant driven a B-string car with approximately 1km from the road of Gangdong-gu Seoul Metropolitan Government 453-8 on April 29, 2017 to the front road of the ecological culture center of the 1298 (Hamdong), according to the same Gu, while under the influence of alcohol concentration of about 0.089% without a driver's license, from the 1km section of around 1km to the road of the ecological culture center of the Dong-dong.

On June 22, 2017, the Defendant was punished twice or more due to drinking, and the Defendant driven a B-hand car at the 2km section from around 665 km to around 665, as in the name in Gangdong-gu, Seoul, Gangdong-gu, Seoul, with a alcohol concentration of 0.092% without obtaining a driver’s license on June 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking;

1. Statement on the circumstances of the driver at each driving school;

1. An explanatory note;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigation (report attached to the judgment, etc.);

1. Article 148-1 (1) 1, Article 44-4 (1) of the Traffic Act (the point of drinking), Article 152-1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (inter-Korean between a person who violates the Road Traffic Act due to drinking on the same day and a non-licenseed driving on the same day);

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was found to have a record of being punished for suspended sentence with an escape vehicle for the reason of driving under influence of alcohol, and it was discovered by drinking and driving without a license.