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(영문) 수원지방법원 평택지원 2017.12.21 2017고단2144
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On August 3, 2012, the Defendant was issued a summary order of KRW 4 million on the grounds of a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s Eunpyeong District Court’s KRW 20 million. On February 28, 2014, the Defendant was issued a summary order of KRW 4 million for the same crime from the same support as the same crime. On August 31, 2017, the Defendant was sentenced to a fine of KRW 10 million due to a violation of the Road Traffic Act (driving) in the same support.

[2] On August 27, 2017, the Defendant driven D Ssp motor vehicle at a section of about 15 meters from the front day of the terminal while in front of the screen golf course without a driver’s license while under the influence of alcohol with 0.231% of alcohol during blood transfusion at around 23:56, the Defendant driven D Spp motor vehicle at a section of about 15 meters from the front day of the terminal in front of the screen golf course.

As a result, the Defendant driven a car without a driver's license in a drunken state even though the Defendant had a drinking driving force not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of an inquiry letter, text of judgment, and summary order text, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. The reason for the sentencing of alternative sentence of imprisonment without prison labor has a record of regulating five times due to driving without a license and driving without a license again at the time when the judgment was sentenced after being tried due to driving without a license and driving without a license.

The defendant submitted data to dispose of a vehicle in the previous case and was punished by a fine, but it seems that he continuously lent another person's vehicle from that time to that time and continued to drive without a license.

The circumstances are also taken into account, such as the fact that severe punishment is inevitable, that there is no criminal record exceeding the fine against the defendant, and that many people appeal the defendant's wife.

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