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(영문) 수원지방법원 2018.08.21 2018고단3197
도로교통법위반(무면허운전)등
Text

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

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

Criminal facts

[criminal history] On October 15, 2010, the Defendant issued a summary order of KRW 2,50,000 to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act at the Suwon Flag Flag method Board, on April 16, 2012, a summary order of KRW 2,50,000 as a fine for the same crime in the same court, and on June 27, 2018, a summary order of KRW 4 million was issued to the same court, respectively.

[1] Although the Defendant had been punished twice or more due to drinking driving, on May 28, 2018, at around 2018, the Defendant driven a motor device bicycle driver’s license in a section of approximately 300 meters of alcohol level 0.199% while under the influence of alcohol level 0.19%, without obtaining a motor device driver’s license in a section of approximately 300 meters from the Do in front of the residence of the C in the e-mail in the e-mail.

2. On June 17, 2018, the Defendant: (a) driven a motor bicycle driver’s license under the influence of alcohol level of 0.169% among blood transfusion around 16:30 on June 17, 2018; and (b) driven a 200-meter load of 200 meters from the land on which it is c75-12 front roads of the e-mail Eup in the e-mail (hereinafter “e-mail”).

Accordingly, even though the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice, the Defendant once again driven the bicycle under the influence of alcohol in violation of this prohibition.

Summary of Evidence

[Judgment 1] Facts 1, 2018 Highest 3197]

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of a motor vehicle, and the driver's license register (the fact set forth in the judgment, the second order 2018, the second order 3453);

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of a motor vehicle, and the driver's license register (before judgment);

1. References to inquiries, such as criminal history, reports on the results of confirmation before and after the previous convictions, and the application of Acts and subordinate statutes on investigation reports (referring to the records of the

1. Subparagraph 2 of Article 154 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the same Act (the point of drinking);

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

1. Selection of each sentence of imprisonment;

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

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